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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On July 12, 2006, the Defendant: (a) prepared a letter of commitment stating, “I, before October 31, 2006, repay all debts of the company related to C and the maximum debt amount created, and have been promised to take measures to prevent any disadvantage, and I, respectively, to do so; (b) deliver it to the Plaintiff and C; (c) At the bottom of the said letter of commitment, the Defendant stated, “I:380,000,000,000 won, and I and C,” respectively.
B. At the time of the preparation of the above commitment, the Defendant and C worked in D (hereinafter “D”) and C are the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The Plaintiff’s assertion C was an employee of E Co., Ltd. from around 2000 to 2003, and established D with the Defendant from around 2003, but the actual operator of the said D was the Defendant.
C At the Defendant’s request, several liabilities related to the operation of each of the above companies were borne by the Defendant (hereinafter “instant obligation”), and the real estate owned by C was provided as security.
Accordingly, the Plaintiff requested the Defendant to assume responsibility for and pay the instant debt, and the Defendant prepared the instant promise to the effect that the Defendant would pay KRW 380 million, which is a part of the instant debt, at the Plaintiff’s request.
However, the Defendant failed to repay the instant debt, and the auction on C-owned real estate was conducted, and the Plaintiff paid at his own expense part of the instant debt.
Therefore, the defendant is obligated to pay 380 million won and damages for delay to the plaintiff according to the agreement on the letter of undertaking of this case.
3. Determination
A. In this case, the defendant merely agreed to the effect that the defendant will pay 380 million won out of the debt of this case, and that the defendant will pay 380 million won directly to the plaintiff.