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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. Basic facts
A. At around 2004, the Defendant introduced a commercial fiber Co., Ltd. (hereinafter referred to as “commercial Textiles”) via E, the husband of the Plaintiff, who was known to the general public, at the request of D, who is the representative director of C Co., Ltd. (hereinafter referred to as “C”).
B. At that time, C purchased a set from the upper fiber, but did not pay the upper fiber to the upper fiber.
After that, around 2004, the Plaintiff paid 37,987,000 won remaining in the upper fiber on behalf of C (hereinafter “the original price”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any)
2. Determination
A. In full view of all the following circumstances, it is reasonable to view that the Defendant agreed to pay the original amount of the instant case, which the Plaintiff paid on behalf of C, to the Plaintiff, in full view of the determination of the cause of the claim 1 as above, evidence as seen earlier, and the purport of the entire pleadings.
① At the Defendant’s request, E introduced the dual trade between C and the upper fiber, but the Plaintiff was not well aware of D at the time of the dual trade. ② At the time, the Defendant was well aware of the local circumstances in Daegu, whereas D, which operated in Seoul, appears to have been well aware of such circumstances; ③ The Plaintiff and the Defendant agreed to the effect that “If the original part of the case is not paid, the Defendant would be able to obtain a normal approval, and if not, the Defendant would be able to directly pay the said original part of the case.” ④ The Plaintiff paid the original part of the first part of the case on behalf of C, and thereafter the Plaintiff demanded the Defendant to pay the said part of the original part of the case on several occasions, and the Defendant thereafter requested the Defendant to pay the said part of the original part of the case.