청구이의
1. The plaintiff's claim is dismissed.
2. With respect to the case of application for the suspension of compulsory execution by this Court 2017 Chicago5042, August 2017
1. Confirmation of payment orders:
A. On February 8, 2017, the Defendant filed a payment order against the Plaintiff under this Court No. 2017 tea303, and issued the payment order to the Plaintiff on February 8, 2017, upon receipt of the payment order of KRW 6 million and the payment order of KRW 47,400 per annum from the day following the day of delivery of the original copy of the instant payment order to the Defendant for the payment of KRW 15% per annum from the day of complete payment (hereinafter “instant payment order”). The payment order became final and conclusive on February 24, 2017.
B. The grounds for applying for the instant payment order are that the Defendant lent KRW 6 million to the Plaintiff’s representative director B on December 24, 2014.
[Reasons for Recognition] Evidence No. 1, Evidence No. 1, Evidence No. 1, and the purport of the whole pleadings
2. The parties' assertion and judgment
A. The party's assertion that the defendant lent KRW 6 million to the plaintiff as stated in the grounds for the application for the payment order of this case, the plaintiff asserts that the plaintiff was merely a director who received the above money in his capacity as an individual and not a representative of the defendant.
B. Determination 1) Each of the statements in the evidence Nos. 2 through 5 and witness B’s testimony (excluding the part rejected in the front and rear), namely, the following facts or circumstances, which can be seen by comprehensively considering the purport of the entire pleadings, i.e., ① the Plaintiff Company contracted the construction of a new factory to the Defendant Company, upon request from the Defendant Company on December 24, 2014 by the director who was in charge of the Plaintiff Company, used the new construction of the factory to the Defendant Company in connection with the instant construction, and borrowed KRW 6 million from the Defendant Company on December 24, 2014, ② the account owner deposited with the said money was the head of the Plaintiff Company, and the Plaintiff Company was a small-scale family management company, and the director was the Plaintiff Company, who was a member of the Plaintiff Company’s representative director, and was authorized to enter into a contract related to