청구이의
1. The Defendant’s payment order against the Plaintiff on August 17, 2015 for the loan case No. 2015 tea 11025 against the Seoul Southern District Court (Seoul Southern District Court).
1. The Defendant asserts that the Plaintiff has a claim for a loan of KRW 6 million, and filed an application with the Seoul Southern District Court for a payment order with the Plaintiff as Seoul Southern District Court Decision 2015 tea1025. On August 17, 2015, the said court received the payment order from the above court to “the Plaintiff shall pay to the Defendant 6 million won with 5% interest per annum from July 21, 2014 to the delivery date of the original copy of the instant payment order, and 20% interest per annum from the next day to the date of complete payment,” and the said payment order (hereinafter “instant payment order”) was served on the Plaintiff on September 14, 2015 and confirmed on October 1, 2015.
[Ground of recognition] Facts without dispute, Gap evidence 2, Eul evidence 9, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff borrowed KRW 3 million from the Defendant on August 11, 2009, and KRW 7 million on September 29, 2010. On September 1, 2010, the Plaintiff received KRW 10 million from the Defendant on September 1, 2010, but the Plaintiff borrowed only KRW 5 million among them, and the remainder KRW 5 million was lent to C by the Defendant.
On November 12, 2010, the Plaintiff’s husband D paid KRW 2 million to the Plaintiff with a total of KRW 15 million to the Defendant. On August 8, 2014, the Plaintiff issued a cashier’s check to the Defendant and repaid all of the amount of KRW 13 million to the Defendant.
Therefore, all of the loan obligations against the defendant were extinguished.
B. The Defendant lent to the Plaintiff KRW 3 million on August 11, 2009, KRW 10 million on September 1, 2010, KRW 7 million on September 29, 2010, and KRW 2 million on September 29, 2010. On November 12, 2010, the Defendant was reimbursed KRW 13 million from the Plaintiff’s husband D, and on August 8, 2014, the Defendant was reimbursed KRW 13 million on a cashier’s check, and the Defendant accepted the claim that the total amount of the original leased principal at the time of repayment was KRW 19 million. As such, at the time of applying for the instant payment order, the Defendant notified the Defendant that the principal of the instant lending principal was KRW 4 million on July 20, 2014 by means of proof of the content on July 14, 2014.