1. Revocation of the first instance judgment.

2. The Defendant’s District Court rendered judgment on May 17, 2018 regarding C (former Name: D).

1. Basic facts

A. C is a person engaged in household manufacturing business under the trade name of “G”.

B. On March 28, 2018, the Defendant filed a lawsuit against C seeking the price of goods.

(The District Court 2018Gadan109820). C did not submit a written reply on April 3, 2018.

On May 17, 2018, the court rendered a judgment without holding any pleadings stating that “C shall pay to the Defendant 154,795,510 won and interest thereon at the rate of 15% per annum from April 4, 2018 to the date of full payment.”

C. On June 4, 2018, based on the executory exemplification of the above judgment, the seizure of corporeal movables was executed against the machines listed in the attached attachment list possessed by C (hereinafter “instant machines”) based on the executory exemplification of the said judgment.

(The execution of the above corporeal movables attachment (hereinafter “instant compulsory execution”). The attachment report of the instant compulsory execution contains the following: “The seized object was preserved on the debtor with the consent of the creditor after clarifying that it is a seized object by means of a public notice in possession of the execution officer; and the custodian transferred the possession of the seized object to the execution officer; thus, any person notified that it would be subject to punishment in the event that the possession of the seized object was not disposed of or concealed, or damaged the seizure indication.”

On the other hand, on April 25, 2018, the Plaintiff drafted a contract for the lease of the instant machinery to C (hereinafter “instant contract”) with the Plaintiff as “from May 25, 2018, the sum of KRW 4,000,000 per month each time from May 25, 2018, KRW 51,000,000, and the lease period from April 25, 2018 to June 25, 2023” (hereinafter “instant contract”).

According to the instant contract, the ownership of the instant machinery during the lease period is transferred to C when C pays the rent in full.

The mother of the Plaintiff and C’s agent is the mother of the Plaintiff and C.

(former Name: J) On May 15, 2018, this case.