1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On July 1, 2013, the Defendant drafted and awarded to the Plaintiff a letter of payment as indicated below (hereinafter “instant letter of payment”).

I agree to pay 70,00,000 (0 million won) on behalf of the husband of C, which he received from the Negation A as the husband of C.

The promise is to substitute redemption of 30,000,000 (30,000,000) over 15 times each month from August 2013 to October 2014 (2,00,000).

The remainder 40,000,000 won (g0,000 won) shall be repaid on behalf of the debtor by July 2016, and shall also be punished by civil or criminal punishment.

B. The Defendant paid to the Plaintiff KRW 61,348,020 in total, including KRW 30 million from August 2013 to October 2014, 2015, KRW 4,348,020 in total from April 2015 to August 2015, KRW 10 million in total, and KRW 61,348,020 in total, from November 2, 2015, and KRW 17,000 in total, on December 4, 2015.

[Grounds for recognition] Gap's evidence 1, 2, Eul's evidence 2, 4 through 7, and the purport of the whole pleadings.

2. The parties' assertion

A. The Defendant’s wife C, who operated the Plaintiff’s assertion system, was obligated to pay the Plaintiff KRW 40 million to the Plaintiff.

In addition, the Plaintiff assumed the guaranteed obligation of KRW 30 million borrowed from CD, and thereafter repaid KRW 20 million out of the guaranteed obligation to D.

C agreed to pay to the Plaintiff KRW 40 million as well as KRW 20 million as the above guaranteed debt, and KRW 10 million as interest on the unpaid amount on behalf of the Plaintiff, etc. on behalf of the Plaintiff, as well as KRW 20 million.

The defendant decided to pay the above money on behalf of C, and prepared and provided the letter of payment to the plaintiff.

As long as the Defendant prepared and executed the instant letter of payment to pay KRW 70 million to the Plaintiff, the Defendant must pay KRW 70 million to the Plaintiff.

B. The Defendant’s assertion C is obligated to pay the Plaintiff KRW 40 million to the Plaintiff.