약정금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. The reasoning of the judgment of the court of first instance, which cited the judgment, is insufficient to recognize that the Defendant agreed to repay all of the amount owed by the Plaintiff to the Plaintiff, Co., Ltd. (hereinafter “C”) on behalf of the Plaintiff, as additional evidence submitted by this court, is insufficient. The judgment of the court of first instance is dismissed, and the reasoning of the judgment of the court of first instance is as follows, except for the addition of the judgment as to the Plaintiff’s assertion that is favorable to the grounds for appeal by this court, and thus, it
2. The Plaintiff asserts that, in the relevant case that became final and conclusive (Seoul High Court Decision 2015Na21760 decided March 31, 2016; hereinafter “related judgment”), the fact that the Defendant promised to repay the Plaintiff’s obligation to the Plaintiff, the Plaintiff cannot be found to be inconsistent with the foregoing without reasonable grounds.
According to the evidence No. 4-3 of the judgment of the court below, although the facts alleged by the plaintiff are acknowledged, the scope of the obligation that the defendant promised to pay on behalf of the plaintiff in the judgment is not specified.
Therefore, in this case, it cannot be deemed that it is inconsistent with the fact-finding of the relevant judgment to acknowledge that the Defendant promised to repay only KRW 20,000,000, which is a part of C’s obligations against the Plaintiff.
Therefore, the plaintiff's above assertion is not accepted.
3. In conclusion, the judgment of the first instance is legitimate, and the plaintiff's appeal is dismissed.