1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. D, the Defendant’s intermediary, was each of the Plaintiff’s representative directors from December 31, 2009 to September 4, 2014, and from September 4, 2014, and from September 4, 2014 to March 18, 2017.

B. On January 11, 2017, at the time when C was the Plaintiff’s representative director, the Defendant filed a payment order with the Plaintiff and C as Seoul Northern District Court 2017Hu148, Feb. 7, 2017, and issued a payment order with the above court that “The Plaintiff and C jointly pay the Defendant a loan of KRW 10,015,670, and delay damages therefrom, jointly and severally, to the Defendant” (hereinafter “instant payment order”).

However, as the Plaintiff did not raise any objection to the instant payment order, the part against the Plaintiff among the instant payment order becomes final and conclusive on February 28, 2017, and C raised an objection to the instant payment order, and C asserted that in the relevant lawsuit, “D and C borrowed money personally from the Defendant and repaid the money to the Defendant, and paid the money to the Defendant in the name of the Plaintiff is for the convenience of payment.”

(Seoul Northern District Court 2017 Ghana14414). (C)

Meanwhile, C has made a monetary transaction by allowing C/D to use the Korean C/D bank account under its name to the Defendant for the repayment of existing loans to deposit money in the relevant account in the name of the repayment of existing loans. From October 15, 2013 to February 24, 2016, the details of the opening corresponding to the Plaintiff’s cash receipt book and the deposit details of the Korea Tti Bank account in the name of C used by the Defendant are as shown in the attached Table.

[Reasons for Recognition] Unsatisfy Facts, entry of evidence Nos. 1, 3, 5, 9, 12, 14, and 15 (including each number), witness C’s testimony, and the purport of the whole pleadings

2. The party's assertion and judgment

A. The Defendant’s assertion that the Plaintiff borrowed money from the Defendant or jointly and severally guaranteed the Defendant’s debt to C and D, and thus, the Defendant’s assertion against the Plaintiff.