A. The defendant is the plaintiff 1) D Co., Ltd. (hereinafter "D"), the actual owner of which is the plaintiff A.

(2) On November 20, 2009, F, upon receiving the direction from the Plaintiff A, has access to the Defendant and given a loan of KRW 100 million as the company’s financial standing is difficult, and the Defendant issued to the Plaintiff A through F on November 30, 2009 and lent the amount of KRW 100 million at face value.

3) However, Plaintiff A did not pay the above money by February 28, 2010, the agreed repayment date. Accordingly, Plaintiff A and Plaintiff B, the representative director of Plaintiff A and D, are jointly and severally liable to pay the above loan amounting to KRW 100 million to the Defendant.

In response to this Court's 2014j1554, the Court applied for a payment order as follows.

B. On March 5, 2014, the instant court issued a payment order (hereinafter “instant payment order”) on the following grounds: “The Plaintiff jointly and severally paid KRW 100 million and the amount calculated at the rate of 20% per annum from the day following the delivery of the instant payment order to the day of full payment.” The original copy was served on the Plaintiffs on March 10, 2014.

C. The Plaintiffs did not file an objection within the objection period, and the instant payment order was finalized at that time.

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The parties' assertion

A. The plaintiffs did not borrow the money claimed by the defendant from the defendant.

Therefore, the plaintiffs are not obligated to pay the above amount to the defendant, so compulsory execution based on the payment order of this case against the plaintiffs should be dismissed.

B. At the time, the Plaintiff, the actual owner of Defendant 1D, conferred the authority to F, which was the representative director in the form of D, and borrowed the above money from the Defendant.

Therefore, the plaintiff A and the present representative director of D shall be jointly and severally the defendant.