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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
According to the evidence No. 1-1, No. 2, and No. 2 of the judgment as to the cause of the claim, the plaintiff lent the amount of KRW 20 million to the deceased C (hereinafter “the deceased”) on June 2, 2008 as interest rate of KRW 24% per annum and due date of repayment September 2, 2008, and the defendant and D are recognized as a joint and several surety for the deceased’s loan obligations.
According to the above facts, the defendant is obligated to pay to the plaintiff the agreed interest rate of 24% per annum from June 2, 2008 to the date of full payment of the above loan amounting to 20 million won and the agreed interest rate of 24% per annum.
The defendant's assertion as to the defendant's assertion that the contract for joint and several sureties is not concluded. The defendant has signed and sealed the loan money in the column of joint and several sureties of the loan money which is open to the creditor and the amount in public upon the request of the deceased. However, there is no fact that the plaintiff only talks with the plaintiff or that the plaintiff was confirmed the intention of joint and several sureties
Therefore, it cannot be said that the joint and several guarantee contract between the Plaintiff and the Defendant was concluded.
Relevant legal instruments are presumed to be authentic when the signature, seal, or seal of the person or his/her agent is affixed (Article 358 of the Civil Procedure Act). In cases where it is acknowledged that the person who prepares private documents voluntarily signs, affixes, or affixes his/her signature, seal, or affixes his/her seal on the private documents, in other cases where such presumption is recognized, the authenticity of the entire document shall be presumed to have been established unless there are other special circumstances, such as the reversal of the portion of the seal imprint, etc., by counter-proof. In cases where the authenticity of the portion of the seal imprint, etc. is recognized, the document shall be presumed to have been signed, sealed, or affix his/her signature, seal, or affixes his/her seal upon completion of the entire document, barring other special circumstances.