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1. Upon receiving a claim for a change in exchange in this court, the Defendant jointly with C, and the Plaintiff KRW 13,00,000,000.
Reasons
The summary of the parties' arguments on the cause of the claim is to pay the interest calculated at the rate of 3% per month by the Plaintiff, and the Plaintiff borrowed KRW 13 million from the Plaintiff, and the Defendant guaranteed C’s obligation to return borrowed money.
However, C only paid interest until August 8, 2016.
Therefore, the defendant should jointly pay to the plaintiff KRW 13 million and delay damages.
The defendant only introduced C to the plaintiff upon C's request, which introduces a person to lend money, and did not guarantee C's obligation to the plaintiff.
The defendant is merely signing in a document that differs from the size and content of the cash custody certificate prepared by C to the plaintiff, and even if the defendant signed on the said cash custody certificate, the defendant cannot read his/her Korean language, so it cannot be deemed that he/she signed with the intent to guarantee his/her obligation.
Judgment
In the event that the signature of the defendant, who is the person in charge of the preparation of the disposal document, does not dispute the defendant's own seal, the authenticity of the document is presumed to have been completed even without the seal affixed thereon, so the probative value shall not be rejected without any explanation that is acceptable.
(See Supreme Court Decision 89Meu16383 delivered on February 13, 1990). If the purport of the whole argument is added to the facts without dispute, it is recognized that the defendant has signed with his own seal on the guarantor column of the cash custody certificate (Evidence A, No. 1). The authenticity of the whole document is recognized.
The defendant, upon the defendant's introduction, signed the document presented by the plaintiff in the situation that C, who borrowed money from the plaintiff, demanded the plaintiff to repay money to the defendant and C, and written a cash custody certificate to C. In addition to the above defendant's argument, C shall set the due date for repayment from the plaintiff on July 9, 2014 and set the interest rate of 13 million won per month to 3% per month.