1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

1. Basic facts

A. The Plaintiff and D had a de facto marital relationship from spring 2014 to spring 2017.

B. On April 9, 2015, the Plaintiff issued to the Defendant a promissory note with a face value of KRW 250,000,000,000 for face value and due date for payment (hereinafter “instant promissory note”). On the same day, the Plaintiff drafted a notarial deed containing the purport of accepting compulsory execution.

C. On January 9, 2019, the Defendant issued a collection order based on the instant promissory note No. 2019T No. 188 of the Plaintiff’s claim against the FF Co., Ltd., G Co., Ltd., and H Co., Ltd., and issued a collection order.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 6 and 8, the purport of the whole pleadings

2. The plaintiff's assertion that compulsory execution based on the Notarial Deed of Promissory Notes of this case should be denied for the following reasons.

The Plaintiff: (a) transferred the instant claim amounting to KRW 250 million against D (hereinafter “the instant claim”) or the instant claim to the Defendant; (b) issued the instant promissory note to the Defendant’s joint and several sureties with respect to the instant claim for transfer money (hereinafter “the instant claim for transfer money”) or the instant claim for transfer money (hereinafter “the instant claim for transfer money”).

However, in fact, because E does not transfer the instant claim to the Defendant, D does not bear the Defendant’s obligation for the transfer of the instant claim, and the Plaintiff does not bear the said joint and several liability obligations, which is the underlying obligation of the Promissory Notes, depending on the subsidiary nature of the guaranteed obligation, and thus, the said deed of promissory notes is null and void.

(1)(b)

Even if E transferred the instant Promissory Notes to the Defendant, the Plaintiff issued the instant Promissory Notes, which added the terms of rescission to “the Defendant is not delivered to the Plaintiff by April 11, 2015, or E does not give notice of the assignment of claims to the Plaintiff and D” as the condition of rescission. As such, the instant Promissory Notes were fulfilled.