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. Facts of recognition;

A. On March 27, 1997, the Plaintiff entered into a mutual aid agreement (hereinafter “instant agreement”) with C Co., Ltd. (hereinafter “D”) on December 12, 1997, setting the monthly payment installment of KRW 30,000, contract term of KRW 50,000, and the maturity date of May 28, 2001.

B. On February 25, 2019, the Plaintiff: (a) drafted and submitted to D an application for the cancellation of a mutual aid payment form drafted by D; and (b) expressed its intent to terminate the instant contract.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. On January 21, 2019, the Defendant asserts that the instant lawsuit is not a party to the instant contract, and that the instant lawsuit should be dismissed in the absence of a party to the instant lawsuit.

However, in a lawsuit for performance, since a person who asserts himself/herself as a person holding the standing to sue and is asserted as a person holding the standing to sue by him/her as a person holding the standing to sue, the existence of the standing to sue in his/her own assertion by the plaintiff is inappropriate, and the original defendant does not require it to be a person holding the right to demand performance or a person holding the duty to perform (see, e.g., Supreme Court Decision 94Da14797, Jun. 14, 1994). Thus, as long as the plaintiff claims against the defendant

Therefore, the defendant's main defense is without merit.

3. Judgment on the merits

A. The gist of the Plaintiff’s assertion was that the Plaintiff paid 1,500,000 won monthly payment under the instant contract to D, and the Defendant acquired all business operations related to the mutual aid business from D, and thus, the Plaintiff is obligated to pay the cancellation refund under the instant contract to D.

B. If the purport of the entire argument is added to the statement No. 2 of the judgment evidence No. 2, the plaintiff paid 49 minutes and 50 minutes monthly payment to the paper issued by D. Accordingly, according to this, the plaintiff is recognized.