1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On March 26, 2007 and June 23, 2008, the Plaintiff entered into a credit guarantee agreement on D’s loans to D’s corporate banks. Accordingly, D was loaned KRW 200,000,000 from a corporate bank around that time.

On August 18, 2009, the Plaintiff paid the total amount of 154,410,709 won to a corporate bank as a result of a credit guarantee accident.

B. On June 1, 2010, the Plaintiff filed a lawsuit against D in Busan District Court 2009Kadan10954, and was sentenced by the above court that "D shall pay to the Plaintiff 153,807,623 won and 153,548,039 won among them, 153,548,039 won per annum from August 18, 2009 to April 29, 2010, and 20% per annum from the next day to the date of full payment." The above judgment became final and conclusive around that time.

C. Meanwhile, on June 3, 2013, the Defendant, a spouse of D, entered into a lease agreement with the lessor B and C, setting the lease period of the instant real estate from June 18, 2013 to June 18, 2014; and KRW 2,00,000,000 as the monthly rent; and KRW 50,000,00 as the lease deposit (hereinafter “instant lease agreement”); around that time, the lessor paid the said lease deposit to the lessor; and at the same time, the Defendant was handed over the instant real estate from the lessor and operated a direct F store under its own name (hereinafter “instant business site”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 evidence, Eul evidence 1, Eul evidence 7-1, the purport of the whole pleadings

2. The plaintiff's assertion and determination that the plaintiff is the actual operator of the business place of this case and the actual lessee of the lease contract of this case are D, and the defendant merely is an operator in the name of the name and the lessee, and the defendant is liable to transfer the claim of this case to the plaintiff who subrogated as a monetary claim against D, and to notify the assignment of the claim.

In this regard, the above evidence, as well as evidence.