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1. The defendant's appeal is dismissed.
2. The defendant bears the costs of appeal.
Purport of claim and appeal
1..
Reasons
The grounds alleged by the defendant in the trial while filing an appeal by the court of first instance are not significantly different from those already asserted in the court of first instance.
Comprehensively taking account of the evidence submitted in the first instance and the trial, the Plaintiff entered into a contract with C to sell the instant wedding hall in KRW 1,07,000,000,000,000, and the Defendant’s joint and several surety payment of KRW 1,07,000,000 to the Plaintiff may be recognized.
Therefore, the fact-finding and judgment of the first instance court to the same purport are justified.
Therefore, the reasoning of this court is as follows, and the reasoning of the judgment of the court of first instance is the same as that of the judgment of the court of first instance, except for the supplement as follows.
In supplement, the defendant raises a defense that all joint and several sureties contracts between the plaintiff and C of the instant wedding hall and the defendant under the instant letter of payment constituted a false indication made by a conspiracy in order to make a false appearance.
The facts stated in the evidence Nos. 1 and 2 are merely the purport that the defendant tried to help or resolve the plaintiff's difficult circumstances. The contract between the plaintiff, the defendant, and the C is not entered falsely, but the statement in the evidence No. 3 is not bound by the prosecutor's disposition of non-prosecution (Supreme Court Decision 4291No. 242 delivered on May 21, 1959), and it is nothing more than that there is no evidence to acknowledge the criminal intent of the defendant and C by fraud.
Rather, the following circumstances, which are acknowledged by the aforementioned evidence, the witness C’s testimony at the court of first instance, the written testimony by witness E at the court of first instance, and the purport of the entire pleadings, namely, the payment order becomes final and conclusive between the Plaintiff and C that the Plaintiff entered into a contract to sell the instant wedding hall in the amount of KRW 1,070,000,000, and C further prepares an agreement to pay the purchase price of the instant wedding hall.