1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 1, 2012, B Co., Ltd. (hereinafter “B”) entered into a contract to comprehensively transfer the business rights of Jinsu Development Co., Ltd. (hereinafter “ Jinsu Development”) and Sungwon-si Ctel Corporation’s business rights. The Plaintiff jointly and severally guaranteed the obligation to Jinsu Development B.

B. On August 2, 2012, B, Jin Development and the Plaintiff drafted a notarial deed on a debt repayment contract (hereinafter “notarial deed of this case”) stating that “The Jin-Development shall pay KRW 150 million to B up to September 2, 2012, and KRW 350 million up to January 2, 2013, and the Plaintiff shall jointly and severally guarantee the said obligation to Jin-Development B” as a notary public drafted by the Changwon Law Firm 2069.

C. B transferred to D on June 5, 2013, KRW 100 million among the claims on the instant Notarial Deed, and KRW 60 million among the above claims to Defendant, respectively, and notified Jin-Development and the Plaintiff of the assignment of claims on the same day.

The Plaintiff filed a lawsuit against D and the Defendant on an objection to the claim that “No compulsory execution based on KRW 100 million shall be allowed from among the instant notarial deeds against D’s instant Plaintiff, and no compulsory execution based on KRW 60 million shall be allowed from among the instant notarial deeds against the Defendant.”

On September 26, 2014, the above court rendered a judgment dismissing the Plaintiff’s claim. The Plaintiff appealed to the Busan High Court Decision 2014Na3453, but was sentenced to the dismissal of the appeal on April 9, 2015.

E. Based on the instant notarial deed, the Defendant applied for compulsory execution to the Plaintiff and received total KRW 89,070,780 from March 2015 to September 2015.

On June 4, 2015, the defendant deducted his claim on the above collection amount and the defect repair expenses, and returned the remainder of 41 million won to E’s account.

The Defendant, on May 10, 2017, was the Changwon District Court No. 1671, No. 2017. B or the Plaintiff.