청구이의
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. Basic facts
A. E, registered as a business entity of the C (hereinafter “instant store”) in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, entered into a contract with the Defendant on April 1, 2014, under which the Defendant lent KRW 2,489,000,00 for Pos equipment to be used by the Defendant in the said store, and for 2,489,000,000,000,000,000,000,000 as of the last day of every month from the end of June 2014, E paid KRW 691,420 as of the last day of May 2017, and D, which actually operated the said store, was jointly and severally guaranteed the above loan obligations (hereinafter “instant obligation”).
B. On May 15, 2014, E and D, in order to secure the instant obligation, a notary public prepared a notarial deed with the purport that a notary public did not raise any objection against the Defendant even if he/she was immediately subject to compulsory execution in cases where the debtor and joint guarantor fail to perform the said obligation, under No. 544, 2014.
C. On June 30, 2014, E and D entered into a sales contract with the Plaintiff to pay the sales price of the instant store at KRW 228,104,260, and the down payment at KRW 2 million to the Plaintiff on June 29, 2014, and the intermediate payment at KRW 20 million is paid on the Plaintiff’s business registration date as the purchaser, and for the remainder of KRW 206,104,260, E, and D, with respect to the remainder of KRW 206,106,00,000,000,000,000,000,000,000,000,000,000,000,000,000,00
On June 29, 2014, the Plaintiff paid the down payment to E on June 29, 2014, and paid the intermediate payment of KRW 20 million to the employees of the said store, and received the delivery of the said store around July 2014.
The Defendant filed an application against the Plaintiff for a payment order based on the Plaintiff’s acceptance of the instant loan obligations under the Suwon District Court Ansan Branch No. 2014Guj3589, and the said court rendered the said order to the Defendant as of October 10, 2014 and against the Defendant’s KRW 2489,000,000.