A. On March 31, 2008, the Plaintiff drafted a letter of payment with the Defendant as follows.

The 21,460,971 won in 2008 will be repaid by September 30, 2008, and interest will be paid on the unpaid amount from May 1, 2008 to 12% per annum, and the 24% per annum in 20% in 200.

B. On October 30, 2009, the Defendant filed an order for payment with the Plaintiff (Yanju District Court 2009Guj1776) and filed an application for the payment order on October 30, 2009, “The Plaintiff shall pay to the Defendant 22,540,487 won and the amount of KRW 21,460,971 calculated by the rate of 24% per annum from September 30, 2008 to the date of full payment.”

This order was issued.

C. The above payment order was served on the Plaintiff on November 2, 2009, and it became final and conclusive on November 17, 2009 due to the Plaintiff’s no objection.

"Claims or obligations based on the payment order of this case" is called "bonds or obligations of this case".

(i) [The facts without dispute over the basis for recognition, Gap evidence No. 1, Eul evidence No. 1, and the purport of the whole pleadings.

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion is that the Defendant supplied oil to the Plaintiff, and sought the payment of the oil price, but the other party who supplied the oil to the Plaintiff as the Plaintiff was merely the introduction of the transaction. Therefore, compulsory execution based on the instant payment order should be dismissed.

B. The judgment is based on the agreement that the plaintiff paid 21,460,971 won to the defendant until September 30, 2008, and paid 12% interest per annum from May 1, 2008 to the due date, and paid 24% interest per annum from May 1, 2008 to the due date, as seen earlier. Thus, the plaintiff agreed that the defendant shall pay 22,540,487 won per annum from May 1, 2008 to September 30, 2008 [the 21,460,971 won x 21,460,971 won from May 1, 2008 to September 30, 2008 x 1,079,516 won (21,460,971 won x 12% x 153/365) and the following day for 21,460,971 won due date.