청구이의
1. The judgment of the court of first instance is modified as follows.
A notary public of the defendant against the plaintiff on November 2013, 2013.
1. Basic facts
A. The relationship between the parties 1) D is limited to C Co., Ltd. (hereinafter “C”).
The plaintiff is the representative director of D. The defendant is the head of D. 2) The defendant is the head of E, F is the head of E, and G is the mother of E.
B. On November 7, 2013, C borrowed KRW 100 million from the Defendant as of December 6, 2013, and the Plaintiff and D jointly guaranteed the said loan obligations. C, D, the Plaintiff and the Defendant drafted a monetary loan agreement containing the aforementioned loan on the same date. (2) C, D, the Plaintiff, on November 7, 2013, issued a promissory note as of the addressee, face value KRW 100 million, and the due date as of December 6, 2013. On the same day, C, D, and the Defendant issued a promissory note as of December 6, 2013 to the Defendant on the same day, a notary public, who delayed the payment of the said promissory note as of December 1302, 2013 prepared a notarial deed with no objection (hereinafter “notarial deed”).
C. On March 10, 2015, the Defendant issued an order to seize and collect the Plaintiff’s deposit claims against the Industrial Bank of Korea on the basis of the instant notarial deed (Seoul District Court 2015 Taz. 6715).
If the details of the deposit and withdrawal of the relevant account are arranged in the C account under the name of the defendant, F, G, and E, the details of the deposit and withdrawal are as shown in the attached Table.
[Ground of recognition] Facts without dispute, Gap 1, 3, 4, 7, Eul 3, 4, 6, the purport of the whole pleadings
2. The parties' assertion
A. On November 7, 2013, Plaintiff 1) practically lent KRW 100 million to C is not the Defendant, but E.C. C transferred KRW 10 million from November 25, 2013 to E’s F account, KRW 10,300,000,000 on December 4, 2013, KRW 40,000,000 on December 5, 2013, and KRW 84,00,000 on December 1, 2013, and paid KRW 16,00,000 on cash and check, and repaid KRW 10,00,000 on debt based on the instant Notarial Deed, KRW 30,000 from E on November 25, 2013, KRW 130,000 on December 13, 201.