1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. The reasons to be stated by the court of the first instance is as stated in the reasoning of the first instance judgment except for the following parts and the addition. Thus, this is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As follows, the 10th to the end of the first instance judgment, the 14th to the end of the 10th judgment.

Article 454 of the Civil Act provides that a third party assumes an obligation under a contract with the obligor and discharges the obligor’s obligation, and the obligee’s consent is effective only with respect to the assumption of an obligation. Thus, in the absence of the obligee’s consent, even if the obligor and underwriter agree on the assumption of obligation, the effect of the acceptance of performance, etc. is not effective (see Supreme Court Decision 2009Da88303, May 24, 2012). On the contrary, there is no ground for the defendant’s assertion premiseding that in the event of an assumption of obligation without the obligee’s consent, the assumption that in the event of an assumption of obligation without the obligee’s consent, the assumption that the obligation takes effect concurrently with the obligor takes effect. In addition, there is no evidence to prove that E exempted the Plaintiff from the obligation based on the first claim against the Plaintiff, or that the Plaintiff paid the above obligation to E, this part of the Defendant’s assertion is acceptable. 3. In addition, the following addition between the first instance judgment and the second sentence 3.

The following shall be added between the last 10th of the judgment of the first instance and the first 11th of the page:

"The plaintiff's acquisition of each of the claims of this case is repayment or confusion."