1. The judgment of the court of first instance is modified as follows.

The Selection C shall pay to the Plaintiff KRW 20,000,000 and its amount on January 2, 2017.

1. Basic facts

A. D is the Plaintiff’s wife, and the Appointed C (hereinafter “Appointed”) is the Defendant (Appointed Party; hereinafter “Defendant”)’s punishment.

B. On November 4, 2015, in the name of the Plaintiff and the Defendant, the lessor of Seo-gu, Seo-gu, Seo-gu, and 101 Dong 802 (hereinafter “instant apartment”) owned by the Defendant entered into a lease agreement with the Plaintiff, the lessee, and the lessee of the instant apartment at KRW 20,000,00 (hereinafter “the lease agreement”).

C. On November 6, 2015, KRW 20,000 was remitted from the Defendant’s account to the Defendant’s account.

【Reasons for Recognition】 Evidence Nos. 1, 5, 8, Eul evidence No. 2, Eul evidence No. 6, Eul evidence No. 11, the purport of the whole pleadings

2. The defendant asserts that in this case where the plaintiff jointly seeks the payment of loans or deposits to the defendant and the selected parties, the plaintiff is not the lessee or the secured creditor, and thus, the plaintiff is not the party to file the lawsuit in this case.

In the plaintiff's lawsuit for performance, the plaintiff's standing as a party itself is nominal, and such judgment is absorptiond into the judgment of the propriety of the claim, and the person who asserts his claim for performance is a legitimate plaintiff (see Supreme Court Decision 94Da14797 delivered on June 14, 1994). The defendant's assertion is without merit.

3. Judgment on the merits

A. On November 6, 2015, the Plaintiff’s assertion 1 Plaintiff lent KRW 20,000,000 to the Selection around November 6, 2015, and the Defendant concluded a contract to lease the apartment of this case to KRW 20,000,000 for the purpose of guaranteeing the Selection’s above loan obligation. The Selection is the principal debtor of the above loan, and the Defendant is jointly and severally liable to pay the Plaintiff the amount of KRW 20,00,000 and delay damages.

On November 6, 2015, the Plaintiff lent KRW 20,000 to the Defendant, and the Defendant secured the above loan obligations.