A. On December 18, 2003, the Defendant, managing the Plaintiff and the “C,” entered into a product supply and sales contract with the non-party company to receive the cosmetics of “D” (hereinafter “instant cosmetics”) from the non-party company and sell them in some areas of the games. The Plaintiff paid 50,000,000 won as security deposit to the non-party company.

B. Although the Plaintiff and the Defendant intended to receive and sell the cosmetics of this case from the non-party company, they were subject to sanctions by the Broadcasting Deliberation Committee on the grounds that they were exaggerated advertisements, and did not proceed properly.

C. On August 12, 2004, the Defendant and E, at the Plaintiff’s request, prepared a performance memorandum (Evidence 1) stating that “B with D amount, and E shall compensate A for KRW 40,000,000,000, not later than December 20, 2004. If the above commitment is not complied with, A shall not have an objection even if it is legally dealt with,” and delivered it to the Plaintiff.

[Ground of recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleading

2. Determination

A. According to Article 408 of the Civil Act, where there are several obligees or obligors, each obligee or obligor has rights and bears obligations in equal ratio, unless there is any special declaration of intention.

Therefore, if multiple parties become debtors together, they are in principle liable for the installment, unless there is any special declaration of intention.

According to the above facts of recognition, the defendant shall be deemed to bear the debt of KRW 40,000,000 in equal proportion to E.

In the middle of A’s Certificate 2(Defident)’, the phrase “40,000,000 won out of the principal amount of 50,000,000 won shall be liable for B, and E shall not be liable for damages” (hereinafter “additional entry”).

However, the plaintiff is a person who stated the additional entry part, and the defendant confirmed the additional entry part, and then the evidence No. 2 is proved.