The Plaintiff (Counterclaim Defendant)’s primary main claim against the Defendant (Counterclaim Plaintiff) D, and the Defendant (Counterclaim Plaintiff) D and the Defendant.

A principal lawsuit and a counterclaim shall be deemed simultaneously.

Basic Facts

1) From January 2018 to April 2018, Plaintiff A lent a total of KRW 130 million to G, and around January 28, 2019, Plaintiff A prepared a cash custody certificate that the Plaintiff stored KRW 130 million to the Plaintiff up to February 12, 2019. (2) Plaintiff B lent KRW 100 million to G in 2009 and additionally lent KRW 100 million around March 2018, and drafted a joint agreement that confirms that the principal of G and the loan was KRW 200 million and the interest was 1% per month.

In order to secure each obligation to G on April 11, 2019, the Plaintiffs completed the registration of establishment of each of the maximum debt amount per each contract for establishing a contract on April 11, 2019, No. 50033, which was received on April 11, 2019, with respect to each of the real estate listed in the separate sheet owned by G, the mother of G (hereinafter “each of the instant real estate”).

On December 3, 2018, Defendant D was issued a promissory note with a face value of KRW 500 million at sight and due date from F, and on the same day, Defendant D was drawn up a promissory note No. 488, which contains the purport of accepting compulsory execution by H law firm No. 488 (hereinafter “notarial deed of this case”).

On the other hand, on December 10, 2018, F completed on December 10, 2018, the registration of creation of a mortgage on each of the instant real property to Defendant C, one of his own children, KRW 300 million on the basis of a contract on December 10, 2018, and KRW 300 million on the basis of a contract.

Defendant D filed a lawsuit for revocation of a fraudulent act against Defendant C, claiming that the mortgage agreement concluded on December 10, 2018 between F and Defendant C is a fraudulent act, and the revocation of the registration of establishment of a neighboring mortgage in the name of Defendant C was filed (U.S. District Court 2019Da51318), and on April 8, 2019, “the registration of establishment of a neighboring mortgage in the name of Defendant C” was revoked.