The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

Purport of claim and appeal

purport.

1. Basic facts

A. The plaintiff is a company engaged in elevator installation business, and the defendant is a person engaged in construction business, such as new house construction and sales.

B. D around 2016, around 2016, contracted a new construction project for multi-family housing on the ground, E, etc.

C. The Plaintiff and D on June 14, 2016, and the Plaintiff were the Plaintiff.

The contract was entered into with the content of manufacturing and installing at 90,000,000 three passenger elevators at the construction site as stated in the subsection.

(hereinafter referred to as “instant construction”) manufacturing and installing the said elevator. D.

Upon completion of the instant construction work, the Plaintiff received KRW 5,00,000,000 in total from D as the construction price, and KRW 30,000,000 on October 14, 2016.

E. On May 24, 2017, the Defendant drafted a written confirmation of payment that “the Defendant shall directly pay the Plaintiff the unpaid construction cost of KRW 35,000,000 to the Plaintiff by June 30, 2017” (hereinafter “instant written confirmation”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, 4, Eul evidence 6, the purport of the whole pleadings

2. Determination on the cause of the claim is a matter of interpretation of the intent of the parties indicated in the contract of acceptance of the obligation, and it is deemed that the parties are deemed to have acquired the obligation overlappingly if it is unclear whether the obligation is exempted or not in the contract of acceptance of the obligation.

(See Supreme Court Decision 2002Da36228 delivered on September 24, 2002). Since in a double debt assumption, it is very rare to accept the obligation under a contract with the obligee without the obligee’s request, the obligor and the underwriter are in a joint and several liability relationship with the obligor in principle, and if there is no subjective joint and several liability relationship due to the obligor’s request, the obligor and the underwriter are in a non-joint and several liability relationship.

(See Supreme Court Decision 2009Da32409 Decided August 20, 2009). The content of the instant written confirmation is as follows.