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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. Basic facts
A. From around 2004, the Plaintiff operated an entertainment tavern jointly with D, etc., “E” (hereinafter “E”). From around that time to around 2006, C served as a “mast” term, which is disadvantageous to the business president of the said entertainment tavern and plays a role of attracting customers and managing female employees.
The defendant was the legal couple who completed the marriage report on October 13, 1998, but was divorced on July 4, 2007.
B. C was liable to the Plaintiff for the total amount of KRW 700 million, including the Plaintiff’s credit payment liability for the proprietor of the entertainment drinking club that C had previously worked as marina, and the obligation to guarantee the employee’s prepaid payment, etc. on behalf of the Plaintiff, and C was liable to the Plaintiff for the total amount of KRW 700,000,000 in the entertainment drinking club in this case.
C. Upon the Plaintiff’s request, C around January 2, 2006, prepared and delivered a payment note (No. 1; hereinafter “instant payment note”) from the Defendant as follows, and delivered it to the Plaintiff around that time:
- The above amount shall be paid to the Plaintiff KRW 270 million by January 27, 2006 and the remaining amount shall be paid KRW 430 million by February 28, 2006, respectively.
On May 29, 2006, C and the Defendant jointly issued promissory notes (hereinafter “instant promissory notes”) with the Plaintiff as the addressee, the face value of KRW 700 million, and the due date of August 29, 2006, and C presented the power of attorney attached with the Defendant’s certificate of personal seal impression as the Defendant’s representative on May 30, 2006, and the Plaintiff, along with the Plaintiff’s certificate of 2006, a notary public drafted a notarial deed on the said promissory notes (A evidence 2; hereinafter “instant notarial deed”).
E. C around September 2006, KRW 60 million out of the above KRW 700 million debt to the Plaintiff.