1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On June 22, 2011, C, who was the husband of the Defendant, issued to the Plaintiff a loan certificate (hereinafter “the instant loan certificate”) written by stating both the borrower and the guarantor’s name, resident registration number, address, and telephone number as of June 22, 201, the interest rate of KRW 100 million, about KRW 60% in three months, and the loan period from June 22, 201 to September 21, 201.

B. On the other hand, in order to secure KRW 100 million as indicated in the instant loan certificate on the same day, the registration of creation of a collateral (hereinafter “registration of the instant collateral security”) was completed with respect to the Seocho-gu Seoul Metropolitan Government D apartment 501 Dong 803 (hereinafter “instant real property”) with respect to KRW 100 million, the maximum debt amount of KRW 100 million, the debtor C, and the Plaintiff as the mortgagee.

C. A certificate of personal seal impression issued by Defendant himself is attached to the application for the registration of collateral security of this case.

[Reasons for Recognition] Facts without dispute, Gap2-3 evidence, Eul evidence 1, the purport of the whole pleadings

2. Assertion and determination

A. The plaintiff's assertion (1) The defendant granted C the right of representation to stand joint and several surety on the loan certificate of this case, and concluded the joint and several surety contract of this case, or the defendant did not file a criminal complaint against C on the loan certificate of this case, it is deemed that the joint and several surety contract of this case was ratified.

(2) Unless otherwise, the Defendant issued C a certificate of the personal seal impression and a certificate of the personal seal impression to C, and C prepared the instant certificate of the loan on the date of the instant mortgage registration with the Defendant’s certificate of the personal seal impression and the certificate of the personal seal impression, and thus, the Plaintiff did not believe that C was entitled to conclude the instant joint and several guarantee contract on behalf

Therefore, the defendant bears the responsibility of expression representation under Article 125 of the Civil Act or Article 126 of the Civil Act.

(3) Ultimately, the Defendant shall jointly and severally with C to the Plaintiff KRW 100 million and delay damages.