A. B, on April 17, 2012, borrowed a loan of KRW 14,500,000 from the Defendant at an interest rate of 10% (19% per annum per annum) on April 17, 2014 (hereinafter “instant loan”).

B. The loan transaction agreement (No. 2; hereinafter “the loan transaction agreement of this case”) prepared at the time of the loan of this case contains the Plaintiff’s name and address in the column of joint and several surety, which is the joint and several surety of the loan of this case and the Plaintiff and C, ASEAN.

C. According to the decision of provisional seizure of real estate against the claim for joint and several sureties for the instant loan (Evidence No. 1), the Defendant stated the claim as the loan claim on April 17, 2012, but appears to be the claim for the joint and several sureties claim in its purport.

B With the claim claim, on December 7, 2012, upon filing an application for provisional seizure of real estate owned by the Plaintiff, the provisional seizure of real estate was rendered on December 7, 2012 (Seoul District Court Decision 2012Kadan65).

In accordance with the loan transaction agreement of this case, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff to seek the payment of joint and several sureties for the loan of this case with the Seoul District Court of non-Gun 2013Ra80, and on May 20, 2013, the payment order (hereinafter “the payment order of this case”) issued to the Defendant to the effect that the Plaintiff would pay damages for delay at the rate of 19% per annum from May 9, 2013 to the date of full payment (hereinafter “the payment order of this case”) with respect to KRW 16,305,290 and the above amount of KRW 14,50,000 among the above amounts was paid to the Defendant. The above payment order became final and conclusive without any objection by the Plaintiff.

E. The defendant is against D's auction of real estate owned by the plaintiff.

On November 27, 2013, as a person entitled to provisional seizure indicated in paragraph (1), received dividends of KRW 7,111,425 out of the amount of credit of KRW 14,50,00 and interest KRW 2,858,931 on the basis of the instant payment order.

F. Meanwhile, on November 24, 2014, the Defendant issued the instant payment order to this court.