1. The judgment of the court of first instance is modified as follows.

The Seoul Central District Court 2017 tea30850.50.

1. Basic facts

A. H Co., Ltd. (D Co., Ltd. on August 23, 2010); H Co., Ltd. on April 1, 2015; J Co., Ltd. on December 1, 2017; hereinafter collectively referred to as “foreign Co., Ltd.”).

On October 22, 2001, the Plaintiff’s joint and several sureties (hereinafter “instant joint and several sureties”)

under the loan of KRW 10,000,000 to E (hereinafter “instant loan”).

A) At the time, Nonparty Company and E agreed to pay the principal and interest of the agreement in installments every one month from the date of lease, and to lose the benefit of the time when the payment is delayed. However, on July 16, 2004, E paid the principal and interest of the installment pursuant to the agreement only until July 16, 2004. (2) On November 24, 2009, Nonparty Company filed an application for a payment order against the Plaintiff and E for the payment of 1,281,82 won (hereinafter “previous payment order”) including the instant loan obligations and the joint guarantee amount, and the delayed payment thereof, and the previous payment order was finalized on December 29, 2009.

However, the order of the previous payment order was finalized to order the non-party company to pay 1,271,82 won to the non-party company jointly and severally with the plaintiff to the non-party company at the rate of 0% per annum from the day after the last service date of the original copy of the previous payment order to the day of complete payment, as stated in the purport of the application.

3) On July 17, 2017, the non-party company transferred the instant loan and joint and several sureties’s claim to the Defendant. On the other hand, the Defendant filed an application with the Plaintiff for the payment order claiming the payment of KRW 3,543,976 (hereinafter “instant payment order”) of the joint and several sureties’s amount not paid by the Seoul Central District Court 2017 tea3,0850, and damages for delay thereof, and the instant payment order became final and conclusive on September 1, 2017.