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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The reasons for this Court’s acceptance of the judgment of the court of first instance are as stated in the reasoning of the judgment of the court of first instance, except for the addition of the judgment equivalent to that of paragraph (2) to the Defendant’s assertion added by this court. As such, it shall be cited in accordance with the main sentence of
2. Additional determination
A. On January 29, 2015, the Defendant’s assertion 1) paid to the Plaintiff KRW 30 million as the amount of wages at the site director on January 29, 2015, KRW 59 million as well as KRW 65 million, which is the sum of KRW 59 million and value-added tax paid by the Plaintiff, as the Defendant paid to the Plaintiff, the Plaintiff’s claim against the Defendant was extinguished by repayment. 2) In full view of each of the arguments in subparagraphs 1 and 2-1 and 2-2, the Defendant can recognize the fact that the Plaintiff transferred the amount of KRW 30 million to the account in the name of the representative director either the Plaintiff or the Plaintiff’s representative director.
However, the above facts alone are insufficient to view that the defendant transferred the above money to pay the field director's payment, employment premium and value added tax, and there is no other evidence to acknowledge it otherwise.
Therefore, the defendant's defense is without merit.
B. The defendant's assertion 1) The defendant guaranteed the payment of KRW 9,534,00,00 that the plaintiff should receive from E and F. Thus, the plaintiff requested payment of the above amount to E and F, and then requested payment to the defendant. 2) The guarantor in the judgment can assert that the debtor has the ability to pay and the execution of the above amount is easy, and prove that the debtor has the ability to pay and the execution of the property should be conducted first.
(Article 437 of the Civil Code). However, as alleged by the defendant, there is no evidence of proof as to the fact that the defendant is sufficient to repay to E and F, the primary debtor, and that its execution is easy.