1.The judgment of the first instance shall be modified as follows:

The defendants are jointly and severally liable to the plaintiff 40,803,734 won and 26.

1. Basic facts

A. The Plaintiff transferred KRW 10 million on October 26, 2007, and KRW 20 million on October 30, 2007, respectively, to the Agricultural Cooperative Account under Defendant C’s name.

B. On October 30, 2007, the Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Company”) drafted a letter of agreement with the effect that “The Defendant Company deposited KRW 30 million in the Defendant Agricultural Cooperative account and borrowed it. By the time of repayment, the interest payment method shall be set as three copies per month and the principal repayment shall be replaced by the wage in the employment contract, and the principal repayment shall be repaid by the deposit account in the said Plaintiff’s account, and the labor contract with us shall be extinguished” (hereinafter “instant letter of agreement”). The Defendant C jointly and severally guaranteed the Defendant Company’s obligation to the Plaintiff pursuant to the said agreement.

C. Since then, the Plaintiff remitted total of KRW 20 million to the national bank account under Defendant C’s name on June 28, 2008 and June 30, 2008, respectively. D.

Meanwhile, Defendant C transferred to the Plaintiff’s account the sum of KRW 17.5 million from November 27, 2007 to April 30, 2009, as indicated in the attached Table of Appropriation of Claim, and additionally remitted KRW 20 million on May 28, 2010, and the Plaintiff retired from the Defendant Company as of October 17, 2010.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, and the fact inquiry results of November 6, 2014 to the president of the NAFF branch of the court of the party branch, and the fact inquiry results of January 9, 2015 to the president of the national branch, the purport of the whole pleadings.

2. Defendant C asserts that the claim against Defendant C is unlawful since it was filed against a non-party who was not a party to the transaction with the Plaintiff, but merely a monetary transaction between Defendant B (hereinafter “Defendant Company”) and the Plaintiff, the account of Defendant C, the representative of the Defendant Company, and thus, the claim against Defendant C is unlawful.

In the case of a performance suit, the person alleged as the performance obligor is eligible to be a party. Thus, the defendant C asserts.