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1. The Defendant’s notary public against the Plaintiff entered into a monetary loan agreement (No. 373) on December 4, 2013.
Reasons
1. Basic facts
A. The Defendant, with the trade name of “D”, became aware of the representative director F of POS Terminal and Communications Equipment Sales Chain Co., Ltd. (hereinafter “E”), and began transactions from March 2012.
B. On October 16, 2012, the Defendant entered into a contract with E to support E with a credit card terminal device and incentive of KRW 150 million, and E to achieve a credit card sales of KRW 100,000.
C. On October 17, 2012, the Plaintiff set up a collateral security right of KRW 150 million with the maximum debt amount (hereinafter “mortgage 1”) in Gangnam-gu Seoul Metropolitan Government G apartment 7 Dong-dong 806 (hereinafter “instant apartment”) owned by the Defendant as a collateral for the debt of E under the said contract.
The F established H (hereinafter “H”) for the franchise business on December 5, 2012, and was appointed to the H representative director following the Plaintiff’s behind May 16, 2013.
E. On March 18, 2013, the Defendant concluded a long-term loan contract with E (hereinafter “instant contract”).
In other words, the defendant supported E with a total of KRW 165 million with equipment and incentives, such as POS terminal and digital signature tag, and E provided a total of KRW 100 million from September 1, 2013 to August 31, 2016, with a total of at least 100,000 cases [50,000 in each case to VNS Information and Communications Co., Ltd (hereinafter “SS Information and Communications”), and paid KRW 80,000 per case when the number of credit card transactions falls short of the agreed number as penalty.
The plaintiff and H jointly and severally guaranteed the performance of E.
F. Upon cancellation of the first mortgage on March 28, 2013, the instant apartment complex is the right to collateral security (hereinafter “third mortgage”) worth KRW 60 million with the maximum debt amount secured by the Defendant’s debt to KIS Information and Communications (hereinafter “second mortgage”) and E (debtor), which guarantees the Defendant’s debt to the Defendant.