1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The grounds for this part of the basic facts are the same as the corresponding part of the judgment of the court of first instance, and thus, they are cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination

A. The plaintiff's assertion 1) The defendant is obligated to pay 131,111,220 won to the plaintiff pursuant to the letter of performance in this case. The plaintiff was refunded 56,514,680 won out of the above loan, and the defendant shall pay the remainder of 124,596,540 won (=131,111,220 won - 56,164,680 won) to the plaintiff. 2) The defendant's statement of performance in this case is merely an execution acceptance agreement that the defendant delivered to D, and the plaintiff is not a party, and the plaintiff cannot directly claim the performance of the letter of performance in this case to the defendant.

Even if the instant performance memorandum constitutes a contract for a third party as a joint assumption of an obligation, the instant performance memorandum is a contract for a third party on condition that the instant sublease contract was concluded and maintained on condition that the instant sublease contract was concluded and maintained on a conclusive basis before the instant sublease contract was concluded.

Since then D did not deliver the instant building, which is the object of the instant sub-lease contract, to the Defendant (the third floor is the place where the Defendant occupied and operated before that third floor), and as it did not pay the remainder of the deposit of the instant lease contract to the lessor, the instant sub-lease contract was cancelled, and the said sub-lease contract became null and void in the state

Therefore, the rejection of the instant performance does not have effect due to the failure of the conditions, and thus, the Plaintiff’s claim is unreasonable.

B. 1) The claim for the borrowed amount (related to Paragraph 1 of the letter of performance of this case) is first examined as to the nature of the agreement on the borrowed amount among the letter of performance of this case.

The assumption of an existing obligation which is concluded with a debtor and an underwriter by a contract shall have the creditor new right to the person assuming the obligation.