1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. On September 7, 2015, the Plaintiff filed the instant claim with the Defendant, asserting that the Defendant is obligated to pay the Plaintiff the above settlement amount of KRW 20 million and the delay damages amount of KRW 13,00,000 among the Plaintiff’s claim amount and the delay damages amount of KRW 13,00,000 among the claim amount, and dismissed the remainder of the claim (the court of first instance determined that the settlement agreement was null and void within the scope of KRW 13,00,000,000, which is the principal amount of the claim amount). Since the Plaintiff did not appeal against the judgment of the first instance court, the Plaintiff did not appeal against the judgment of the court of first instance, the scope of adjudication of the party members is limited to KRW 13,00,00,000, which is limited to the portion of KRW 1300,000,000.

2. The defendant's judgment on the defense prior to the merits is that the person who operated the food materials distribution business in the name of "C" is not the plaintiff and the defendant, but the plaintiff's husband D and the defendant in a de facto marital relationship with the defendant, and Eul received a check of the unit number for collection upon D's request, and there was only the fact that he received a transfer of KRW 13,00,000 to the passbook in the name of the defendant in relation to the above statement of unit number. The defendant did not have any profit with the money transferred as above, and the plaintiff did not have any party to the above statement of unit number. Since the plaintiff's lawsuit of this case against the non-party, the plaintiff's defense against the purport that the plaintiff's standing to be a party exists in the lawsuit for performance, and it should be proved through the deliberation on the merits (see, e.g., Supreme Court Decision 2003Da44387, Oct. 7, 2005).