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1.The judgment of the first instance shall be modified as follows:
The defendants 1 are jointly and severally liable to the plaintiff 3,575,793.
Reasons
1. Defendant B asserted to the effect that the Plaintiff’s filing of the instant lawsuit against Defendant B is unlawful, on the grounds that the instant lawsuit against the Plaintiff was unlawful, since it was only a monetary transaction between the Plaintiff and Defendant C, and there was no other monetary transaction between Defendant B and the Plaintiff.
In a lawsuit for performance, the defendant standing in the lawsuit for performance is nominal by the plaintiff's own claim, and such judgment is absorptioned into the judgment on the propriety of the claim, and thus the person alleged by the plaintiff as the claimant is the legitimate defendant (see, e.g., Supreme Court Decision 95Da18451, Nov. 28, 1995). Thus, the defendant B's main safety defense is without merit.
2. Judgment on the merits
A. Basic facts 1) The Defendants are married with Defendant C, and the Plaintiff is Defendant B’s wife. (2) The Plaintiff, from August 9, 2008 to May 13, 201, lent to the Defendants a sum of KRW 107,227,310 as stated in the loan column in the attached Form, without fixing the due date, as from August 9, 2008 to May 13, 201, and the Defendants jointly and severally paid the loans.
3) From May 1, 2009 to February 3, 2011, the Defendants repaid to the Plaintiff a total of KRW 58,264,600, as indicated in the “payment column of the annexed Loan and Repayment List”. 4) Defendant B filed a lawsuit against the Plaintiff on December 12, 2012 against the Plaintiff seeking payment of KRW 48,360,567, including loans, etc. that the Defendant repaid to the Plaintiff on behalf of the Plaintiff under the Jeonju District Court Branch Branch Decision 2012Ga1944, the Defendant filed a lawsuit seeking reimbursement of KRW 20,360,567, and the Plaintiff filed a counterclaim against the Defendants with the claim against the Defendants on October 31, 2013, the said court dismissed the said claim against the Defendant B on the ground that the Plaintiff’s claim was extinguished on August 14, 2013, on which the Plaintiff’s intent of offset was indicated.
5 The plaintiff himself.