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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
Reasons
1. Basic facts
A. The Plaintiff is a person operating a restaurant in Seocho-gu Seoul Metropolitan Government D shop, and Defendant B was a person who actually operated by Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) and F Co., Ltd. (hereinafter “E”) and was in the power of making a decision on the fund enforcement of Defendant C Co., Ltd. (hereinafter “F”), and the Plaintiff became aware of the fact that he frequently visited the said restaurant.
B. Around November 1, 2010, Defendant B: (a) stated that “The Defendant Company would temporarily engage in a financial situation, and thus, wired KRW 70,000,000 to the Defendant Company’s account.” (b) The Plaintiff wired KRW 70,000,000 to the Defendant Company’s account on November 1, 2010.
C. On April 26, 2013, Defendant B prepared a written confirmation of repayment that “if the claim of the Defendant Company was determined and paid for the amount of KRW 70,000,000,000 that was deposited and used to be deposited in the Defendant Company, Defendant B shall immediately transfer it to the Plaintiff’s deposited account in the name of the Defendant Company.” However, Defendant B had an impediment to stating himself as a guarantor in the said written confirmation of repayment.
On September 22, 2015, the Plaintiff filed a lawsuit against Defendant B seeking the payment of KRW 145,00,000,000, including the above KRW 70,000 based on the written confirmation of performance (Seoul Central District Court Decision 2015Da524058), and received a judgment in favor of the Plaintiff in full.
After that, Defendant B filed an appeal against the above judgment of the first instance (Seoul High Court 2015Na2068957), and the above appellate court did not relate to the claim amounting to KRW 70,000,000 on October 20, 2016, Defendant B agreed that the Plaintiff shall pay KRW 70,000,000 to the Plaintiff on the condition that the claim amount was determined by the Defendant Company’s claim amount, etc. at the time.