1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1. Request.

1. The reasoning of the court of first instance’s explanation as to this case is as follows, except where the defendant added the following supplementary judgments as to the assumption of obligation, which is emphasized by the court of first instance, to the part of the reasoning of the court of first instance, thereby citing this in accordance with the main sentence of Article 420 of the Civil Procedure Act.

[Supplementary judgment] The defendant asserts that since there was an agreement between the plaintiffs and L on the payment of the price of each commercial building of this case to the plaintiffs, and the defendant is exempted from the obligation to pay the price of each commercial building of this case, the plaintiffs' claim against the defendant of this case is groundless.

However, even if the evidence submitted by the Defendant in the first instance trial showed each entry of No. 12-1 to 37 of the evidence No. 12 submitted by the Defendant in the trial, it is not sufficient to recognize that the acquisition agreement between the Plaintiffs and the Plaintiffs’ representatives on the obligation owed by the Defendant to the Plaintiffs was concluded, and there is no other evidence to acknowledge this otherwise.

Even if there is an agreement on the assumption of an obligation between the plaintiffs and the defendant as the defendant's argument, the burden of proving that "an assumption of an obligation exists" is a matter of interpretation of the intent of the parties indicated in the assumption of an obligation agreement, and whether the obligation is discharged or the overlapping transferee is not clear (see, e.g., Supreme Court Decisions 2002Da3628, Sept. 24, 2002; 201Da76099, Jan. 12, 2012). The burden of proving that there is a special circumstance to be considered as the assumption of an obligation, and that there is a special circumstance to be considered as the assumption of an obligation. (see, e.g., Supreme Court Decision 2001Da81948, Jul. 12, 2002). The waiver or exemption of an obligation does not necessarily necessarily require an express declaration of intent, but is an act of an obligee or interpretation of a certain intent of an obligee.