1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

3. The decision of the court of first instance is in accordance with paragraph (1);

1. Determination as to the cause of claim

A. In light of the facts without dispute, Gap evidence 1-2 and Gap evidence 2-2, and the purport of the whole pleadings, the plaintiff remitted KRW 110 million to Eul on April 6, 2006, and the defendant's alumni C prepared each of the following contents (hereinafter "each of the above cases") on September 16, 2008, and made it necessary for the defendant to find the defendant and to help the plaintiff in order to postpone the repayment period of the obligation against the plaintiff. Accordingly, the defendant signed and affixed each of the above cases, and Eul delivered each of the above documents to the plaintiff.

The amount of each letter: The creditor of Geumcheon (50,000,000 won): He wishes to reserve the said amount (1,000,000 won) in the monthly amount (1,00,000 won) and pay it within five years.

According to the facts of recognition of the debtor on September 16, 2008, the debtor 102-908 E C, Changwon-si, Busan City, 102-908, FGB, it is reasonable to view that C bears the debtor 50 million won loan obligations against the plaintiff, and the defendant agreed to take over C's loan obligations for the plaintiff , by preparing the letter of this case between C and C.

In addition, an overlapping assumption of obligation by agreement with the obligor and underwriter constitutes a sort of contract for a third party. The obligee has the right to directly claim against the underwriter by demanding performance of obligation to the underwriter or exercising the right as a creditor (see Supreme Court Decision 2011Da56033, Sept. 13, 2013). Thus, the Plaintiff is deemed to have acquired the right under each of the instant agreements by filing the instant lawsuit against the Defendant.

B. On the other hand, since the defendant and the debtor C are subjective joint relations between the defendant and the debtor who are overlapping assumption of debt, the defendant and C bear joint obligations against the plaintiff who is the creditor.

(See Supreme Court Decision 2009Da32409 Decided August 20, 2009).