The judgment below is reversed, and the case is remanded to Seoul Southern District Court Panel Division.

The grounds of appeal are examined.

1. As to whom the other party to the contract is deemed the party to the contract, first of all, if the other party to the contract agrees, the party to the contract shall be determined according to the agreed will, and if the other party does not coincide with the intent of the actor, the other party shall be determined according to whom the other party should understand as the party to the contract in accordance with the specific circumstances before and after the conclusion of the contract, including the nature

(See Supreme Court Decision 94Da4912 Decided September 29, 1995, Supreme Court Decision 2000Da3897 Decided May 29, 2001, and Supreme Court Decision 2010Da9678 Decided April 28, 201, etc.). 2. The lower court recognized that the Plaintiff’s forest for which the right to collateral security was created to secure the payment of the instant loan is owned by C, which is the Defendant’s wife, and is written in C, which is not the Defendant’s obligor, and the Plaintiff transferred KRW 47,957,50 to C’s deposit account on August 13, 2008, which is the following day after the completion of the registration of the creation of a neighboring mortgage, and, based on its stated reasoning, deemed that the Plaintiff was a debtor of the instant loan, not the Defendant.

3. However, the lower court’s determination is difficult to accept.

The judgment below

According to the reasons and evidence adopted by the court below, the following facts are revealed.

① Prior to the instant lease, the Plaintiff traded goods with the Defendant, and had the Defendant’s claim for the payment of goods, and the Plaintiff decided the instant lease upon the Defendant’s request in such transactional relationship.

② The interest rate of the instant loan amounting to KRW 800,000 (0.16% per month) is determined by agreement between the Plaintiff and the Defendant. On the other hand, the Plaintiff and C have found the Plaintiff with documents necessary to set up the right to collateral security in their forest and land, the first time was met, and the documents related to the application for the registration of establishment of collateral security were prepared.