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1. The Defendant shall pay to the Plaintiff KRW 70,000,000 as well as 20% per annum from November 28, 2014 to the day of full payment.
Reasons
1. The plaintiff's assertion
A. At the time that the Plaintiff lent KRW 70,000,000 to C on March 9, 2012, the Defendant, his father, jointly and severally guaranteed the above obligation against C.
B. Although C did not obtain lawful power of representation from the Defendant and entered into the above joint and several guarantee contract, the Defendant granted the basic power of representation to C, one of his children, and the Plaintiff has justifiable grounds to believe that C has the authority to enter into the joint and several guarantee contract on behalf of the Defendant, and thus, the Defendant is liable in accordance with the legal doctrine of expression representation under Article 126 of the Civil Act.
C. Therefore, the defendant is liable to pay to the plaintiff KRW 70,000,000 and damages for delay.
2. Determination
A. In full view of the purport of the entire pleadings in the statement No. 1, the Plaintiff’s lending KRW 70,000 to C on March 9, 2012 can be acknowledged.
B. Furthermore, if the defendant's joint and several liability for the plaintiff C is examined as to whether the above debt was jointly and severally guaranteed by the defendant, and if the seal affixed to the document is affixed by his/her seal, barring any special circumstance, the authenticity of the seal shall be presumed to have been established, i.e., the act of affixing the seal is based on the will of the person who prepared the document. Once the authenticity of the seal is presumed to have been established, the authenticity of the document shall be presumed to have been established. However, if it is proved that the act of affixing the seal was done by a person other than the person who prepared the document, the document presenter shall bear the responsibility to prove that the act of affixing the seal
The certificate of seal imprint and the certificate of seal imprint are nothing more than one data that can recognize the right of representation, and therefore, the right of representation to enter into a joint and several guarantee contract on behalf of the holder of the certificate of seal imprint, etc. is not recognized.