A. On January 15, 2004, Nonparty C, his father of the Plaintiff, prepared a written confirmation of payment that he compensates the Defendant for KRW 130 million up to June 30, 2004 (hereinafter “instant payment confirmation”).

B. C prepared and sealed the instant letter of payment, and signed and sealed it as its name in the instant letter of payment, and signed and sealed each of the names of D and the Plaintiff’s own son’s own son, respectively.

C. The Defendant filed a claim against the Plaintiff, C, and D for the payment of the agreed amount of KRW 130 million and delay damages for the agreed amount (hereinafter “instant payment order”). The above payment order against the Plaintiff was received by C, the father, and confirmed as it is.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 4, Eul evidence 1 and 2-1, Eul's testimony, Eul's testimony, significant facts to this court, the purport of the whole pleadings

2. The party’s assertion and determination are not consistent with the agreement to pay KRW 130 million with the Defendant (hereinafter “instant agreement”), and thus, compulsory execution based on the instant payment order is not permissible, barring any special circumstance. Therefore, compulsory execution based on the instant payment order is not allowed.

As to this, the Defendant’s portion among the instant payment confirmations that the Plaintiff’s portion is effective and the instant agreement is valid, but as such, the Plaintiff’s portion in the Plaintiff’s name among the evidence No. 1 (payment confirmations of this case) cannot be used as evidence because there is no evidence to acknowledge the authenticity, and there is no other evidence to acknowledge it.

Rather, in full view of the entry of No. 4 and the fact-finding inquiry results and the overall purport of the pleadings of the Gwangju Northernbuk-gu E community service center, C arbitrarily manufactures the seals in the name of the plaintiff.