A. On February 10, 201, the Defendant asserted that the Plaintiff lent KRW 50 million to the Plaintiff at an interest rate of 1% per month, and filed an application for payment order with this Court (No. 2012 tea8174) claiming interest and delay damages from the lending date.

B. On August 22, 2012, this Court rendered a decision of payment order under the above claim and notified the Plaintiff and the Defendant.

The above payment order was finalized on September 1, 2012 because there was no objection.

[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A No. 12, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff couple and the Defendant couple invested in the land owned by C, thereby building a tenement house and selling it in lots. The Plaintiff couple agreed to lend KRW 50 million to the Defendant couple.

Accordingly, on February 10, 201, 100 million won was remitted from the defendant's wife D's account to the plaintiff's account.

Among them, KRW 50 million is the investment of the defendant couple and KRW 50 million is the borrowed money.

On February 16, 2011, the Plaintiff’s husband and wife and the Defendant’s husband and wife shared, according to the nominal owner of the remittance account, the creditor of the loan was the Defendant’s wife D, and the debtor was the Plaintiff.

Therefore, since the creditor of the above loan is not the defendant but the defendant's wife D, the above payment order that the defendant asserted as the creditor is unfair.

Any compulsory execution based on the above payment order shall be dismissed.

B. The above payment order is lawful because the defendant is a creditor of the defendant's loan.

3. Determination

(a) The loan certificate (No. (B) which constitutes a disposal document of the existence of the loan certificate is the Plaintiff, and the borrower is the Plaintiff and the “B Return” is written at the bottom of the certificate.

On the other hand, there is no dispute between the parties that the Plaintiff stated until the loan certificate, the date, and the lender's indication, and the lower court's "B Return" at the bottom.

, however, at the time of entry.