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1. Revocation of the first instance judgment.
2. The plaintiff's claims, including the claims extended by this Court.
Reasons
1. Basic facts
A. The Defendant is a stock company with the purpose of popular restaurant business, and is operating H stores on the first floor above Geongdong Branch.
D From November 7, 2012 to May 26, 2017, E was the representative director of the defendant. Since November 7, 2012, E did not participate in the operation of the defendant, and D substantially operated the defendant while keeping the seal imprint of E.
B. On February 2, 2017, the Plaintiff lent KRW 100,000,000 to D, interest KRW 3,000,000 per month, and due date for repayment on December 31, 2017, and the Defendant jointly and severally guaranteed the Defendant’s obligation to the Plaintiff on the same day (hereinafter “the instant loan obligation”).
The Plaintiff and D agreed to the effect that “In the event that the payment of interest is in arrears on at least two occasions, the principal is not made until December 31, 2017, when the seizure of the Defendant (G Dongdong branch H) or other legal sanctions were taken place during the loan period, D shall transfer the Defendant’s security deposit and sales claim to the Plaintiff.”
C. In relation to the debt of the instant loan, the Plaintiff: (a) around February 2, 2017, the Plaintiff, D, the Defendant’s agent as the debtor and the joint guarantor; and (b) C, the wife of D, as the joint guarantor, entrusted a notary public to prepare a notarial deed of a monetary loan agreement stating that “The Plaintiff, on February 2, 2017, lent KRW 100 million to D with the maturity of 25% per annum, and December 31, 2017, respectively; (b) the Defendant and C, the joint guarantor, as the joint guarantor, agreed to guarantee the debt of D under this contract and jointly and severally with D; and (c) if D and the joint guarantor fail to perform the monetary obligation under this contract, the notary public entrusted the preparation of a notarial deed stating that there is no objection even if they were forced to perform the monetary obligation; and (d) on the same day, the notary public is a notarial deed of a monetary loan for consumption with the No. 999 of the I document prepared.