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1. Revocation of a judgment of the first instance;
2. The plaintiff's action against the defendant (appointed party), the appointed party D, and E shall be dismissed, respectively.
3.
Reasons
1. Basic facts
A. On July 1, 1996, the Plaintiff drafted an agreement memorandum stating that “B shall pay 50,000,000 won out of 250,000,000 won to the Plaintiff out of 250,000,000 won to the Plaintiff with respect to the case in which the Plaintiff filed a criminal complaint against B in fraud (hereinafter “instant agreement sheet”) with the Selection B (hereinafter “each of the instant agreements”).
B. On the same day, the deceased F (hereinafter “the deceased”) and the Defendant jointly and severally guaranteed the Plaintiff’s obligation to the instant contract amount.
C. The Deceased died on August 7, 2008, and the Defendant, Appointor D, and E inherited the Deceased, who is the wife B and son.
[Ground of recognition] Unsatisfy, entry of Eul evidence 1
2. Determination as to the main defense of the Defendant and the designated parties
A. As to the instant lawsuit claiming the payment of the instant agreed amount to the Defendant and the designated parties, the Defendant asserts that the instant lawsuit was unlawful as it was filed in violation of the non-committee agreement.
B. According to the statement No. 1, the written appraisal of the appraiser A, and the result of the appraiser I’s appraisal, each of the instant statements (Evidence No. 1) refers to the deceased and the defendant, in addition to the above contents, as well as to the above contents. Even if the amount of credit is not paid by the date of payment of the amount of damage, it is stated as F, C, and A. A, and the seal of A is affixed on the name side of A, and the above "A" is written by the plaintiff, and the above seal of the plaintiff is identical to the other plaintiff’s seal affixed on each of the instant statements.
According to the above facts of recognition, the Plaintiff agreed with the Defendant and the Deceased that “The Defendant, even if the Deceased and the Deceased did not pay KRW 50,000,000 to the Plaintiff as prescribed in the letter of each of the instant cases, only as a joint and several surety of the appointed Party B (principal debtor) shall not bring a civil or criminal lawsuit against the Deceased.”