1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. The Plaintiff was the representative director of C Co., Ltd., and the Defendant was a person who operated business so that C Co., Ltd. may supply Saturdays to E Co., Ltd.

B. On July 13, 2012, C Co., Ltd. drafted a sand security contract (hereinafter “the instant sand security contract”) with the Defendant, D, and E stating “A” as “C Co., Ltd., “B”, “B” as “E”, “D”, and “B” as “E”, and written a sand security contract with the effect that “A (creditors) fails to pay KRW 95 million due to the failure to pay KRW 95 million due to B (debtors and security offerers).”

C. Defendant, D, and E drafted a loan certificate stating that “The amount of repayment” shall be “95 million won” and “B (Defendant, D, and E) shall pay in full the amount of payment without any justifiable reason within three months after the completion of the contract with the Korea Rural Community Corporation of the dredging Project.” The Defendant, D, and E drafted the same loan certificate stating that “A (creditor A) shall be liable for the debtor if he/she fails to pay in cash on the said date; hereinafter “the loan certificate of this case”). D. C is deemed dissolved on December 2, 2013, and completed the registration of the completion of liquidation on December 2, 2016.

2. Determination on the cause of the claim

A. In regard to the Plaintiff’s assertion that the Defendant is obligated to pay KRW 75 million, which is a part of the amount stated in the instant loan certificate, to the Defendant, the Defendant asserts that, since the contracting parties indicated in the instant loan certificate are C Co., Ltd., the Plaintiff did not have the right to seek payment of the said amount

(b) slaughter, generally who is a party to a contract, is the contractual party.