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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. The parties' assertion
A. The Plaintiff’s assertion that the Plaintiff lent KRW 100,000,000 to the Defendant on January 8, 2013 (hereinafter “instant loan”). As such, the Defendant is obligated to pay the Plaintiff the said loan amounting to KRW 100,000,000 and the damages for delay.
B. Defendant’s assertion ① The instant loan was lent by an individual, not the Plaintiff, to the Defendant, and thus, the Plaintiff did not have the standing to sue, and ② even if the Plaintiff lent the loan, the Plaintiff agreed to reduce or exempt part of the total amount of KRW 1.3 billion, including the amount of goods in which the Defendant failed to repay and the amount of the instant loan, and the amount of KRW 540,000,000, and the Plaintiff and the Defendant made a notarial deed on January 20, 2014 for the said payment. Despite the preparation of the notarial deed, the Plaintiff’s claim seeking payment of KRW 100,000,000,000 cannot be complied with as it goes against the above settlement.
2. Determination
A. With respect to the plaintiff's claim for the performance of the loan obligation of this case against the defendant, the defendant asserts that the lawsuit of this case brought by the plaintiff who is not a creditor of the loan of this case is unlawful. However, in the performance lawsuit, the plaintiff has standing to sue and the person who asserted as a performance obligor from the plaintiff has standing to sue, and thus, the existence of standing to sue is merely based on the plaintiff's claim, and it does not require the original defendant to be a person who is actually or is a performance obligor (see, e.g., Supreme Court Decision 94Da14797, Jun. 14, 1994). The defendant's main safety defense is without merit.
B. Any person who acts in the name of another person when a person who enters into a contract of the relevant legal doctrine concerning the cause of the claim did so under the name of another person.