1. On September 21, 2017, the Cheongcheon-gun District Court, Jincheon-gun District Court, Jincheon-gun, the Defendant against the Plaintiff, the payment order for goods No. 2017 tea372 is issued.

1. Basic facts

A. The Defendant promised to remaining goods of F, etc. between Co., Ltd. E (hereinafter “Nonindicted Company”) and supplied goods worth KRW 37,994,000 in total on three occasions during a total of three occasions from January 6, 2017 to January 20, 2017. On February 6, 2017 and February 15, 2017, the Defendant supplied F amounting to KRW 21,695,30 in total.

B. As the non-party company did not pay the total amount of KRW 59,689,300 on September 21, 2017, the defendant applied for a payment order to the non-party company and the plaintiff who is its representative director as the Jincheon-gun District Court 2007Hu372 and issued a payment order on September 21, 2017.

(2) The grounds for recognition are as follows: (a) the Defendant’s application for the non-party company was withdrawn; and (b) the Plaintiff’s application was finalized at that time; (c) the Plaintiff did not have any dispute; (d) the entry of the evidence No. 1, No. 3 (including each number), No. 2, and No. 5, and the purport of the entire pleadings.

2. The parties' assertion

A. The plaintiff's assertion that the defendant company traded goods with the non-party company, and the plaintiff, the representative director of the non-party company, did not agree on the price of the goods to bear the price of the goods in addition to establishing the right to collateral security on the real estate owned by the plaintiff. Thus, the plaintiff has no obligation to pay the price to

B. The plaintiff asserted that the representative director of the non-party company agreed to jointly and severally repay the debt for the price of the goods of this case, and accordingly, the plaintiff was entered as the debtor in setting up the right to collateral security on the real estate owned by the plaintiff.

In addition, since the plaintiff was served with the payment order of this case and became final and conclusive as it did not raise any objection, the plaintiff is obligated to pay the price of the goods of this case as the guarantor.

3. Determination

A. At the time of establishing a mortgage, the mortgage is secured by the mortgage between the mortgagee and the mortgagee of the mortgage.