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1. The Defendant has an agreement on October 24, 201 with respect to each real estate listed in the separate sheet Nos. 1 and 2 to the Plaintiff.
Reasons
1. Basic facts
A. On June 10, 201, the Plaintiff lent KRW 150 million to C Co., Ltd. (hereinafter “Nonindicted Company”) and received a loan agreement in the name of Nonparty Company D from D. The joint and several liability column bears the seal impression of D and Defendant.
B. After that, on May 28, 2014, the Plaintiff seized each real estate listed in paragraphs 1 and 2 of the attached Table Nos. 1 and 2 owned by the Defendant. On June 26, 2014, the Plaintiff filed a lawsuit against Nonparty Company, the principal debtor under the said loan agreement, the Defendant, and D, the joint guarantor.
C. On October 24, 2014, on which the said loan lawsuit was pending, D, on October 24, 2014, issued to the Plaintiff an attached agreement with the Defendant’s seal imprint affixed (hereinafter “instant agreement”) with the Defendant’s seal imprint affixed, and the content of the agreement was “instant agreement.”
D At the time added to the end of the instant agreement the phrase “one thousand Won will be repaid with a bank loan by November 7, 190. The remainder of the ten million won will be repaid by December 31, 190,” and it was signed by itself under the instant agreement.
After that, according to the instant agreement, the Plaintiff submitted the written withdrawal of the instant loan case on November 5, 2014, and on November 20, 2014, respectively, the application for withdrawal of the application and cancellation of enforcement of the instant provisional seizure case. Upon receiving only KRW 100 million from the Defendant and D, the Plaintiff filed the instant lawsuit against the Defendant on February 24, 2015.
E. Meanwhile, the Defendant filed a complaint against D on August 24, 2015, when the instant lawsuit was pending, on the charge of forging and uttering private documents related to the instant agreement.
[Ground of Recognition] Facts without dispute, significant facts, Gap evidence 1, Gap evidence 2, 3, and 4-1, 2, Gap evidence 5, Eul evidence 9-1 through 18, Eul evidence 1-2, Eul evidence 2-1, 2-2, and the purport of whole pleadings
2. The parties' assertion and judgment
A. The plaintiff alleged in the parties.