1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. From April 22, 2011 to September 4, 2011, the Plaintiff lent a total of KRW 46.2 million to the Defendant’s deniedr C.

B. In consideration of the total amount of each of the above loans and interest thereon, the Plaintiff and C drafted a certificate of borrowing “C borrowed KRW 50 million from the Plaintiff on September 4, 201, but the due date for repayment as of September 6, 2012” (Evidence A 4; hereinafter “the instant certificate of borrowing”).

C. Meanwhile, the loan certificate of this case contains the name of the defendant in the joint and several liability column to the effect that the defendant jointly and severally guaranteed the defendant's debt based on the loan certificate of this case against the plaintiff C (hereinafter "debt of this case"), and the defendant's seal is affixed thereto.

[Ground of recognition] Facts without dispute, entry of evidence No. 4, testimony of witness C, purport of the whole pleadings

2. The parties' assertion

A. Since the Defendant jointly and severally guaranteed the Defendant’s debt of the instant loan through the Plaintiff’s loan certificate, the Defendant, a joint and several surety, is obligated to repay the debt of the instant loan.

B. The defendant did not jointly and severally stand the debt of the loan of this case, and since the signature and seal of the defendant under the name of the defendant was forged by C on the loan of this case, the defendant does not bear the joint and several liability.

Even if the joint and several liability is recognized, the loan debt of this case has already been fully repaid and extinguished, and thus, the joint and several surety does not bear the responsibility of performance.

3. Determination

(a) If the seal imprint of the person under whose name the document was affixed is affixed, barring any special circumstance, it shall be presumed that the authenticity of the seal imprint is created, i.e., the act of affixing the seal is based on the will of the person under whose name the document was written, and once the authenticity of the seal is presumed, the authenticity of the entire document is presumed. However, such presumption is broken if it is revealed that the act of affixing the seal was made by a person other than the person under whose name the document was