1. The part of the judgment of the first instance against the plaintiff shall be revoked.

2. The defendant shall be jointly and severally with the co-defendant B of the first instance trial.

1. The grounds for this part of the recognition by the court are stated in the reasoning of the judgment of the court of first instance.

(main sentence of Article 420 of the Civil Procedure Act). 2. Determination on the cause of the claim

A. As to who is the party to the contract of this case where the actor, who entered into the contract of this case, committed a juristic act in the name of another person, is the party to the contract of this case. First of all, if the actor and the other party agree with each other, the actor or the title holder shall be determined as the party to the contract. If the other party does not agree with the intent of the actor and the other party, based on the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and circumstance of the contract, etc. of the contract, the other party shall be determined by how to understand who is the actor and the title holder as the party to the contract (see, e.g., Supreme Court Decision 2003Da44059, Dec. 12, 2003).

However, in full view of the following circumstances acknowledged by comprehensively taking account of the aforementioned evidence and the respective statements and arguments stated in Gap evidence Nos. 5, 10 through 13, 15, and 16, the defendant had the intent to become a party to the contract of this case on his/her own account while conducting transactions under the contract of this case.

The plaintiff also has the intention to make the defendant a contracting party, or the specific circumstances before and after the conclusion of the contract, such as the nature, content, purpose, and details of the contract in this case.