1. The judgment of the first instance court, including the selective claims added by the Plaintiff in the trial, shall be modified as follows.

1. The reasoning for the court’s explanation as to this part of the facts and the arguments by the parties is as follows: “Around July 20, 2015 to March 21, 2016, the Plaintiff lent KRW 120 million to the Defendants three times, even if the said agreement is not recognized, on three occasions, from July 20, 2015 to March 21, 2016; and on three occasions, through the preparation of a sales contract as of March 21, 2016, the amount of the principal and interest on the loan the Defendant has to pay to the Plaintiff as KRW 180,000,000,000, among them, was determined as KRW 130,000,000,000,000, which is the corresponding part of the judgment of the court of first instance, and thus, this is cited pursuant to the main sentence of Article 420 of the Civil Procedure Act.”

2. Determination as to the claim against Defendant C

A. The Plaintiff asserts that, as Defendant C is the spouse of Defendant B and its partner, Defendant C should be liable as a transaction partner with the Plaintiff, and even if not, Defendant B should be liable for the nominal lender’s liability under Article 24 of the Commercial Act since it lent its name to Defendant B.

As seen earlier, there are the details of deposits and withdrawals as shown in the attached Table between the Plaintiff and Defendant C’s account. However, in addition to the testimony of the witness H of the first instance trial, it is recognized that Defendant B used the Defendant C’s account because it is not good credit at the time of constructing a new building, and that the Plaintiff was aware of such credit.

The delegation contract for the sale of G building or the transactions such as deposit and withdrawal as shown in the attached table are transactions between the plaintiff and the defendant B, and the defendant C seems to be merely the nominal lender.

Furthermore, the liability of the nominal lender under Article 24 of the Commercial Act is to protect a third party who trades by misunderstanding the nominal owner as a business owner. Therefore, the other party to the transaction is not liable if he knew of the nominal owner or was grossly negligent.