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

A. The Plaintiff paid KRW 30 million to Plaintiff C (hereinafter “Nonindicted Company”) on June 10, 2016.

When the non-party company did not pay the principal and interest thereof, the defendant agreed to pay 81 million won to the plaintiff on April 11, 2017 at the interest rate of 15% per month, but did not pay it.

Accordingly, on February 13, 2018, the Defendant agreed to pay KRW 50 million to the Plaintiff again by March 31, 2018 (hereinafter “instant agreement”).

Therefore, the Defendant is obligated to pay to the Plaintiff the agreed amount of KRW 50 million and damages for delay at the rate of KRW 25% per annum from April 1, 2018 to the date of full payment.

B. The Defendant received KRW 25,50,000,000,000 from the Plaintiff on June 10, 2016, from the Nonparty Company, which was run by the Defendant, by setting the interest rate of KRW 15% per month and deducting KRW 4,50,000 from the interest rate of KRW 1.5 million per month.

Since the parties to the instant agreement are the non-party companies that are not the defendant, the instant lawsuit is unlawful or the plaintiff's claim is unjustifiable.

2. Determination

A. In a lawsuit seeking performance as to the legitimacy of a lawsuit, the standing to sue lies in a person who asserts that he/she has the right to demand performance, which is a subject matter of lawsuit, and the person who asserts that he/she has the right to demand performance, and whether the right to demand performance exists or not,

Although the defendant asserts that he/she is not the debtor, he/she has no standing to be a party, it is merely an argument about the existence of the right to claim performance which is subject to examination

B. According to the evidence No. 2 of the parties to the instant agreement, the fact that the Plaintiff and the Defendant written a written confirmation of payment indicated in the attached Form (hereinafter “instant payment confirmation”) on February 13, 2018 is recognized.

Generally, who is the party to a contract is an issue of interpretation of the party's intent.

between the Parties;