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1. Defendant (Appointed Party) and Appointed C: (a) each Plaintiff KRW 145,264,167; and (b) November 29, 2013, respectively.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings on Gap evidence 2, Gap evidence 4 to 6, and witness D's testimony.
Defendant (Appointed Party B and Appointed C (hereinafter collectively referred to as “Defendant”) are married and wife’s places; Defendant C joined the nine units of the number world operated by D around 200, and the eight units of the eight units of the unit among them were first allocated and received by priority, and the remaining one unit was given a latest sequence and the Defendants paid the fraternitys of each of the above units. Defendant C did not pay the fraternitys normally to D if the business of Jung Tri restaurant operated by the Defendants was unsatched.
B. Around February 8, 2007, D, the owner of the fraternity, paid the fraternity on behalf of the Defendant C, and was unable to receive the fraternity from the said Defendant. On February 8, 2007, D, as found at the Defendants’ home, drafted a confirmation document confirming that the sum of KRW 148,000,000,000, and interest thereon, 2,000,000,000, remain.
(hereinafter “instant written confirmation”). Defendant B entered the name and resident registration number of the principal under the name of Defendant C of the said written confirmation, and affixed his seal on the next page.
C. On July 16, 2013, D entered into a contract between the Plaintiff and D on the transfer of claim amounting to KRW 150,000,000 against the Defendants, and the duplicate of the instant complaint, attached with the notice of the transfer of claim to the Defendants in D, was served respectively on the Defendants on November 28, 2013.
2. Determination
A. According to the above facts of recognition as to the cause of the claim, it is reasonable to view that the fraternity operated by D was the defendant C, but the defendant B, the spouse of D, guaranteed the above fraternity's debts for wife C, and the name and seal are affixed to the letter of confirmation in this case, barring special circumstances. Thus, the defendant C shall be subject to the letter of confirmation in this case.