1. The Defendant’s compulsory execution against the Plaintiff based on the original of the payment order (Seoul District Court 2012 tea) No. 18085 against the Plaintiff.

1. Basic facts

A. On June 26, 2012, Nonparty A Capital Co., Ltd. (hereinafter only referred to as Nonparty Co., Ltd) concluded a loan agreement with Nonparty B, the Plaintiff’s husband, with Nonparty B (hereinafter only referred to as the “instant loan agreement”).

B. In concluding the instant loan contract, the Nonparty Company received documents, such as the Plaintiff’s application for the loan, the loan agreement, the personal (credit) information inquiry consent, and the credit information inquiry sheet for the guarantor’s purpose, as a joint and several surety from the above B.

C. The non-party company received the order of payment stated in the purport of the claim against the plaintiff and the above B (hereinafter only referred to as the order of payment in this case) on the basis of the facts of the above A and B, and the defendant received the claim against the plaintiff and the above B from the non-party company on March 1, 2014, and enforced compulsory execution against the plaintiff's property on the ground that he received the claim against the plaintiff and the above B.

[Reasons for Recognition] Facts without dispute and entry of Gap evidence 1, 2, Eul evidence 1, 2, 3, 4

2. As to the assertion, the Plaintiff asserts that, at the time of entering into the instant loan agreement, the obligation for joint and several liability was not established, compulsory execution based on the instant payment order should not be permitted.

Article 3 of the Special Act on the Protection of guarantors provides that "a guarantee shall take effect upon the document bearing the name and seal or signature of the guarantor" and Article 8 (1) of the same Act provides that "where a financial institution enters into a guarantee agreement as a creditor, it shall present to the person who is to be guarantor the credit information related to the debtor's obligation provided by a comprehensive credit information concentration institution in accordance with the Act on the Use and Protection of Credit Information and obtain the name and seal or signature of the guarantor in such document."