1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The judgment of the court of first instance.

1. Facts of recognition;

A. The Plaintiff served in a non-party company from August 1, 2013 to July 25, 2014, and at the time, the Defendant was the representative director of the non-party company.

B. The Plaintiff joined the non-party company and allowed the non-party company to use his office.

C. The Plaintiff leased to Nonparty Company a total of KRW 81 million from December 5, 2013 to May 19, 2014, and received reimbursement of KRW 36 million among them.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 5-1 to 12, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's assertion that the defendant shall repay the non-party company's loan and rent to the plaintiff to his own personal property.

Since it has promised to assume or assume responsibility, it is obligated to pay to the Plaintiff the amount of money claimed as the performance of the contract or non-performance agreement for the debt or joint and several liability or for the third party.

B. It is not sufficient to recognize that the Defendant had finally expressed to the Plaintiff the intent to bear each of the above obligations of the non-party company solely on the basis of the records of the judgment knife and the evidence No. 6 (Recording). There is no other evidence to acknowledge otherwise

Therefore, the plaintiff's assertion is without merit to further examine.

3. Thus, the plaintiff's claim of this case shall be dismissed as it is without merit.

The judgment of the court of first instance is just in its conclusion, and the plaintiff's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.