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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. Facts of recognition;
A. The plaintiff is a person who runs the wholesale and retail business of processed food with the trade name of "D", and the defendant was operating the marina business with the trade name of "Eart".
B. The Plaintiff supplied a comprehensive manager, etc. to the Defendant by December 23, 2014. As of December 23, 2014, the amount of unpaid goods to the Plaintiff is KRW 13,296,697.
C. On December 23, 2014, the Defendant transferred the Defendant’s Eart Business to C with C.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of whole pleadings
2. Determination
A. The plaintiff asserts that the defendant is jointly and severally liable with C for the payment of the above goods, since the defendant agreed to take over the defendant's goods price liability concurrently by agreement between the plaintiff, the defendant and C at the time of transferring the business as above.
In this regard, the defendant asserts that C has no obligation to pay the price of the goods to the plaintiff, since C has agreed to grant exemption from the obligation to pay the price of the goods.
B. Whether the assumption of the obligation is overlapping is a matter of interpretation of the intent of the parties indicated in the assumption of the obligation, and if it is not clear whether the assumption of the obligation is a discharge or an overlapping acceptance is made in the assumption of the obligation, it shall be deemed to have been taken over in duplicate.
(See Supreme Court Decision 2002Da36228 Decided September 24, 2002). In full view of the overall purport of the pleadings as to the evidence Nos. 5 and 8-1 of the evidence Nos. 8-1, the defendant and C agree to take over the defendant's obligation to pay for the goods of KRW 13,296,697 against the plaintiff in the presence of F, who is the Plaintiff's imprisonment on December 23, 2014. It is recognized that the defendant and C agreed to take over the defendant's obligation to pay for the goods of KRW 13,296,697 against the plaintiff,
However, as above, the plaintiff's obligation is the only reason that the defendant prepared a written confirmation with the plaintiff's side.