1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. On December 22, 2009, the Plaintiff: (a) on December 22, 2009, lent KRW 20 million to C with interest rate of KRW 500,000 per month; (b) on December 30, 2010; and (c) on the same day, the Defendant, who was an employee of C, guaranteed the above loan obligations on the same day.

On December 31, 2010, the plaintiff extended the repayment period of the above loan debt to December 30, 201 at C's request, and the defendant guaranteed the above loan debt again on the same day.

C is liable to pay the Plaintiff the leased principal and damages for delay calculated within the scope of the interest limit under the Interest Limitation Act as the guarantor of the foregoing loan obligation, because C paid interest on the said loan obligation by June 2016 and had been insolvent by preparing personal bankruptcy around September 2016.

2. The Plaintiff asserts that the Defendant guaranteed C’s loan obligations, and thus, deemed to be relevant thereto.

A’s evidence Nos. 1 and 2(s) include the same content as the Plaintiff’s assertion, and it is recognized that the Defendant’s name exists on the side of the Defendant’s name.

However, in order to use evidence Nos. 1 and 2 (Evidence) that correspond to the plaintiff's assertion as evidence, the authenticity of the document should be proven. However, if the document bears the signature or seal of the person who prepared the document, the document shall be presumed to have been duly formed, but it shall be proved by the person who asserts that the signature or seal on the premise of the document is the person who prepared the document.

The following circumstances, which are acknowledged as comprehensively considering the statement Nos. 1-1 and 2 of the evidence Nos. 1-2 and the testimony of the witness C of the party concerned, namely, ① the evidence Nos. 1 and 2 of the party concerned, is written in the printed matter prepared and printed out by a third party, and the defendant asserts that the signature existing in the above loan certificates is not his own, ② the signature existing in the above loan certificates is written in the name of the defendant, the Nonghyup Bank and the Bank of Korea.