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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.
The defendant.
Reasons
1. Basic facts
A. From April 2007, the Plaintiff, along with C, took over and operated the business of the E-agency located in L from L in Sinpo City (hereinafter “instant agency”).
B. While operating the instant agency, C transferred 1/2 of its own business shares to F. The F demanded the Plaintiff to terminate the partnership relationship with respect to the instant agency on December 2010, and the Plaintiff agreed to pay KRW 100 million to F by June 30, 2012, and acquired 1/2 of its business shares.
Accordingly, the Plaintiff operated the instant agency solely from December 2010.
C. On the other hand, on April 12, 2012, the Plaintiff, at the F’s request, prepared a notarial deed stating that “the Plaintiff, a debtor, bears the obligation of KRW 100 million to creditor F, reimburses the obligee F with the proceeds from the sale of the said shares by June 30, 2012, and, if a notary public fails to perform this, approves compulsory execution” (No. 616, 2012; hereinafter “notarial deed of this case”) and delivered it to F. The F received a collection order for the instant notarial deed of this case as the title of execution against the Plaintiff H Co., Ltd. with the Plaintiff’s business security amount of KRW 80,000 as the title of execution.
The Plaintiff entered into a partnership agreement with the Defendant (hereinafter “instant partnership agreement”) on October 5, 2012, subject to the condition that the Defendant bears KRW 80,000,000 as business collateral for the instant agency, following the F’s order of seizure and collection. Accordingly, the Plaintiff entered into a partnership agreement with the Defendant (hereinafter “instant partnership agreement”) on the following terms and conditions that the Defendant bears KRW 8,00,000 as business collateral for the instant agency.
The defendant and the plaintiff enter into a contract for all the parts arising from the joint management of the E-agency as follows:
Article 1 The representative of the enterpriser shall be the defendant.
Article 2 Security KRW 80,00 is owned by the Defendant and KRW 30,000,000,000,000.