A. C, on October 10, 2008, leased D-402 (hereinafter “instant real property”) from the Plaintiff, who was a arbitra, Busan, Dongdong-gu, Busan, with a deposit of KRW 30 million, and the period of KRW 24 months.

B. The lease contract between C and the Plaintiff (hereinafter “instant lease contract”) contains the Defendant’s name, resident number, address, mobile phone number, etc. as the lessee 2.

C. The Plaintiff returned the above lease deposit to C from April 14, 201 to February 20 of the same month.

On March 25, 2014, the Defendant filed a payment order with the Plaintiff seeking the return of the lease deposit, and received a payment order ordering the Defendant to “the Plaintiff to pay KRW 30 million and its delay damages” from the court (2014 tea 4633) on the 27th of the same month. The said payment order was served on the Plaintiff’s parent on April 8, 2014, and became final and conclusive on the 23th of the same month.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, Eul evidence Nos. 2, 2, 3, 7, and 8, and the purport of the whole pleadings

2. Judgment on the plaintiff's assertion

A. Plaintiff’s assertion 1) Not only did the Plaintiff leased the instant real estate to the Defendant, but also did not have prepared a lease agreement on the instant real estate. 2) At the time of service of the instant payment order or the original copy thereof, the Plaintiff was in China. However, the Plaintiff could not receive the original copy of the payment order on the wind that the Defendant applied for payment order with the Plaintiff’s parent address at the Plaintiff’s address. Thus, the payment order, the title of the instant real estate, which is the enforcement title

(b) The service 1 service must be made at the domicile, residence, place of business or office of the person to be served, and when the domicile or place of service of the person to be served does not exist in Korea or is unknown, it may be made at the place of destination of that person, and the service to be made in a foreign country shall be made to Korean Ambassador, etc. stationed in that country.