1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff is a person who engages in wholesale and retail business of clothing, machinery, and food with the trade name of “Intetras Korea” in the middle-gu Busan Central 81, 1007, and A is a person who engages in wholesale and retail business of clothing sales in the trade name of “D” in Gyeongnam Kim-si, Gyeongnam-si, and the Defendant is a mother of A.

B. On November 7, 2013, A prepared a non-discovering note that the Plaintiff shall pay the Plaintiff KRW 62,095,034 of the outstanding amount of goods, such as the middle and high clothes, to the Plaintiff (hereinafter “instant payment note”). The Defendant’s name and seal is affixed to the joint and several surety column of the said payment note.

C. A paid KRW 13 million to the Plaintiff after the instant written rejection of payment.

[Ground for Recognition: Facts without dispute, entries in Gap evidence 1 through 3 (including branch numbers in case of additional number), the purport of the whole pleadings]

2. The parties' assertion and judgment

A. Since the name and seal of the defendant are affixed to the joint and several sureties of the Plaintiff’s assertion of this case, the Defendant jointly and severally guaranteed the Defendant’s goods payment obligation against the Plaintiff, and accordingly, is liable to pay the Plaintiff the goods price and damages for delay.

B. The defendant's argument that the letter of payment in this case does not contain the defendant's own signature, and the defendant does not bear the joint and several liability as to the goods payment obligation against the plaintiff since there is no fact that the defendant has affixed his seal directly on the letter of payment in this case.

C. If the stamp image of the person signing the document affixed with the signature affixed thereon is displayed by his/her seal, barring any special circumstance, it shall be presumed that the authenticity of the stamp image is created, i.e., the act of sealing is based on the will of the person signing the document, and once the authenticity of the stamp image is presumed, the authenticity of the document is presumed to be created, but such presumption is broken if it is revealed that the act of sealing was made by a person other than the person signing the document