A. The record reveals the following facts.

(1) On January 24, 2019, the Plaintiff filed an application for the instant payment order with respect to the Defendants as the Suwon District Court Branch Branch Branch 2019j149, and the said court issued the payment order with the same content (hereinafter “instant payment order”) on January 31, 2019, and served the Defendants on March 7, 2019.

(2) Defendant D filed an objection against the instant payment order on March 20, 2019 and implemented the instant lawsuit. However, Defendant C Co., Ltd (hereinafter “C”) did not file an objection after the lapse of the 14-day period from the date of service, and the part against Defendant C of the instant payment order became final and conclusive on March 22, 2019.

(3) Nevertheless, the court held that the part against Defendant C among the instant payment order became final and conclusive, and that the Defendant C’s representative director D was present at the date of pleading of the instant lawsuit on February 13, 2020.

B. If so, the part against Defendant C in the instant lawsuit was already terminated upon the date the instant payment order became final and conclusive on March 22, 2019, and thus, the declaration of termination of the lawsuit is to be made.

2. Determination of the claim against Defendant D

A. The facts subsequent to the facts of recognition do not conflict between the parties, or can be acknowledged by comprehensively considering the overall purport of the pleadings in the entries in Gap evidence Nos. 1-7, 9, and Eul evidence No. 1.

(1) On April 29, 2014, the Plaintiff extended a loan of KRW 2.5 billion to Defendant C (hereinafter “instant loan”). Defendant D, a business owner (representative) of Defendant C, provided a collateral guarantee up to KRW 3.9 billion.

(B) Since then, the Plaintiff received dividends of KRW 1,190,073,616 on February 4, 2016 at the auction procedure of Suwon District Court E and F (combined) by exercising a security right (mortgage).