A. On December 13, 2010, the Plaintiff’s father C borrowed KRW 30,000,000 from the Defendant (hereinafter “the instant loan”) and received the loan from the Plaintiff’s account in the name of the Plaintiff, and drafted a loan certificate with the borrower C.

B. The Defendant filed an application with the Plaintiff and C for a payment order against the Plaintiff and C by asserting that the Plaintiff and C borrowed the instant loan from the Defendant, and received the payment order indicated in the Disposition No. 1 (hereinafter “instant payment order”) on June 19, 2013. The instant payment order was finalized against the Plaintiff on July 6, 2013.

[Recognition] Facts without dispute, Gap evidence 2, 3, Eul evidence 1, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the plaintiff is the debtor C and the plaintiff is not the debtor.

As to this, the defendant asserts that the plaintiff's assertion is without merit, since the loan of this case was paid to the account in the name of the plaintiff, the liability of repayment is recognized even to the plaintiff, and the plaintiff promised to pay to the defendant with C.

B. 1) In the case of a final and conclusive payment order, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of objection against the payment order (Articles 58(3) and 44(2) of the Civil Execution Act). In light of the following: (a) the burden of proof as to the facts of the cause of the claim in this case exists on the part of the Defendant; (b) the fact that the Defendant paid the instant loan to the Plaintiff’s account in the name of the Plaintiff, it is difficult to view that the Plaintiff is liable for the repayment solely on the ground that the Defendant paid the instant loan to the Plaintiff, and otherwise, the Plaintiff promised the Defendant to repay the instant loan.

There is no evidence to prove that the instant loan is a debtor.

3. Therefore, there is no claim against the defendant against the plaintiff in the payment order of this case.