A. A. On September 17, 2003, the Plaintiff’s Dong C prepared and executed a loan certificate with the purport that “25,000,000 won was borrowed from the Defendant, and the maturity was due on December 14, 2007, and the interest rate is paid at 5% per month” (hereinafter “the loan certificate in this case”). The Plaintiff signed the loan certificate with his own seal affixed to the joint guarantor column of the above loan certificate and issued the certificate of personal seal issued on September 17, 2003 to the Defendant.

B. On September 13, 2013, the Defendant applied for a payment order against the Plaintiff seeking payment of KRW 25 million,00,000 as stated in the said loan certificate, and interest and delay damages calculated at the rate of 20% per annum from September 17, 2013 to the date of full payment, and received a payment order as stated in the purport of the above loan. The Defendant received a decision on September 27, 2013, and received the payment order as stated in the purport of the above loan, and on November 6, 2013, the above payment order became final and conclusive on September 27, 2013 due to the Plaintiff’s receipt of the authentic copy and the Plaintiff’s failure to raise an objection.

(hereinafter “instant payment order”). C.

On April 17, 2020, upon the instant payment order, the Defendant filed an application against the Plaintiff for property specification with the Seoggu District Court Branch Branch No. 2020Kao31 on April 17, 2020. On the same day, the Defendant filed an application for property specification with the Seog Daegu District Court Branch No. 2020Kamin24 on the same day.

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

2. The assertion and judgment

A. The plaintiff's assertion did not bear joint and several liability based on the loan certificate of this case against the defendant, and even if such joint and several liability has been incurred, execution based on the loan certificate of this case against the defendant should be rejected.

B. In the case of a payment order for which relevant legal principles have become final and conclusive, the grounds for failure, invalidation, etc. occurred prior to the issuance of the payment order with respect to the claim which became the cause of the claim for the payment order are raised in the lawsuit of objection against