1. Revocation of the first instance judgment.

2. The instant case is transferred to the Seoul Rehabilitation Court.

Purport of claim and appeal

1...

1. Basic facts

A. The E Co., Ltd. (hereinafter “E”) operated Maart in Yongsan-gu, Busan Metropolitan City G, and the Defendant concluded a fee sales contract (entrusted) with E on November 30, 2016 (hereinafter “instant sales contract”) with E in order to operate Mat stores within the said Mat, and paid KRW 250 million as security deposit to E.

B. The defendant is a family.

In order to ensure that the Mart business as described in paragraph (1) does not smoothly commence, the Plaintiff filed a claim for the cancellation of the sales contract of this case and demanded the return of deposit KRW 250 million and interest thereon. Accordingly, the Plaintiff Company A (hereinafter referred to as the “A”) established separately by the Plaintiff and the Defendant drafted a notarial deed (hereinafter referred to as the “notarial deed of this case”) with the following content as a notary public’s No. 2201, Jan. 23, 2017, as follows.

Article 1 Obligor A approves that the balance of KRW 260 million, which was incurred on January 17, 2017, to the defendant, is KRW 260 million as of January 23, 2017, and the debtor has offered to the defendant for payment in accordance with each of the following provisions, and the creditor has accepted it:

Article 2 A lump-sum payment shall be made by February 28, 2017.

Article 5 If the obligor delays the repayment of the above amount, the damages for delay calculated at the rate of 15% per annum on the delayed amount shall be paid to the obligee.

Article 9:In the event that the obligor fails to perform his monetary obligation under this contract, the obligor was immediately recognized that there is no objection even if compulsory execution.

C. On July 3, 2017, A filed an application for commencing rehabilitation procedures with the Seoul Rehabilitation Court 2017 Ma1011, and received a decision on commencing rehabilitation procedures from the above court on July 25, 2017. On August 18, 2017, the Defendant reported as rehabilitation claims the amount of KRW 260,000,000 of the principal remaining after partial repayment of the amount of KRW 260,000,000 as stated in the instant Notarial Deed, which is the period for reporting the rehabilitation claims.

hereinafter the above rehabilitation procedure is “instant rehabilitation procedure.”