A. The Defendant filed an application with the Plaintiff for a payment order against the Plaintiff under the Suwon District Court Ansan Branch 2012 tea5301, and the said court issued the payment order on September 24, 2012, stating that “The Plaintiff shall pay to the Defendant 128,86,840 won and damages for delay calculated at the rate of 20% per annum from the day after the delivery of the original copy of the above payment order to the day of complete payment.”

(hereinafter “instant payment order”). The instant payment order was served on September 26, 2012 on the Plaintiff and finalized on October 11, 2012.

B. Around that time, the Defendant settled the Plaintiff’s debt owed to the Defendant following the instant payment order (hereinafter “instant debt”) at KRW 62,457,290.

C. On November 4, 2012, the Plaintiff endorsed and delivered to the Defendant a promissory note (hereinafter “instant promissory note”) with a face value of KRW 40 million and due date, March 10, 2013.

On December 6, 2012, the Defendant agreed to make an agreement on the settlement of accounts as to the instant amount of debt (hereinafter “instant settlement agreement”) and agreed to pay the Plaintiff’s remaining amount of debt in installments, and thereafter, the Plaintiff paid an additional amount of KRW 25 million to the Defendant from January 11, 2013 to May 7, 2013.

On the other hand, the Defendant commercialized the Promissory Notes on March 10, 2013.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 5, facts which are significant to this court, and the plaintiff's assertion of the purport of the entire pleadings in this case is to settle the amount of debt of this case up to the time of the argument by the party concerned as 25,457,290 won, and the amount of debt of this case remains 457,290 won following the defendant's repayment of KRW 25 million.

However, the defendant exempted the above 457,290 won from the obligation.

Therefore, since the debt of this case is all extinguished, the enforcement force of the payment order of this case should be extinguished.

The Defendant’s settlement agreement of this case is based on the discount rate of the Promissory Notes of this case.