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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On August 2014, the Defendant issued to C, after indicating his name, resident registration number, and telephone number in blank.
B. On September 5, 2014, C promised on the top of the blank Document delivered by the Defendant to the Plaintiff on the following day: “C shall borrow the said amount on a regular basis and repay it to November 30, 2014.” On September 5, 2014, C shall state “C” on the Defendant’s name, stating “Surety” and sign it on the name of the Defendant, and then, on the same day, the portion of the amount in the said document shall be deemed to be “Tcheon,00,000,000,000,000,000,000,000,000,000,000,000,000,000
(hereinafter referred to as “this case’s loan certificate”). [Grounds for recognition] The fact that there is no dispute, entry of evidence No. 1, witness C’s testimony, the purport of the whole pleadings.
2. The parties' assertion and judgment
A. The Plaintiff asserted that: (a) lent KRW 30 million to C by September 5, 2014; (b) received the instant loan certificate from C; and (c) the Defendant signed the instant loan certificate as a joint and several surety; and (d) is obligated to pay the amount stated in the purport of the claim to the Plaintiff.
around August 2014, the Defendant received a proposal from C to “a person who borrowed KRW 5 million from D and written off money in installments,” and delivered it to C with the intent to borrow KRW 5 million from D, with the intent to borrow KRW 5 million from D, and without the Defendant’s consent, C prepared and delivered the instant loan certificate to the Plaintiff without obtaining the Defendant’s consent. As such, the Defendant is not liable to guarantee the Plaintiff.
B. Determination 1) A private document is presumed to be authentic when the signature, seal, or seal of the principal or his agent is affixed (Article 358 of the Civil Procedure Act, and Article 358 of the Private Document’s signature and seal is presumed to be true, barring any special circumstance, to be the authenticity of the entire document.
However, such presumption is the same.