The plaintiff's claim is dismissed.

2. All costs of the lawsuit shall be borne by the Plaintiff.

A. The Defendant borrowed 4.5 million won to the Plaintiff on January 2, 2007, the Daegu District Court issued a payment order with the content that “the Plaintiff would pay 3.85 million won and delay damages to the Defendant (hereinafter “instant payment order”) to the Defendant on April 29, 2014 by asserting that the Defendant did not receive 3.85 million won of the principal.”

The instant payment order was served on the Plaintiff on August 19, 2014, and became final and conclusive on September 3, 2014.

B. When the Defendant applied for the instant payment order, the Defendant submitted the loan certificate (a) along with the loan certificate (hereinafter “the loan certificate in this case”). The loan certificate in this case states that “the creditor, the debtor, the Plaintiff, the loan amount of KRW 4.5 million per annum, the interest rate of KRW 20,000 per annum, the contract date of January 2, 2007, and April 2, 2007,” and the Plaintiff’s seal is affixed next to the Plaintiff’s name in the debtor’s column.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 (if there are provisional numbers, including each number), the purport of the whole pleadings

2. The plaintiff alleged that he borrowed 4.5 million won from the defendant on January 2, 2007.

The loan certificate of this case was borrowed from other creditors who are not the defendant, and was issued with the seal affixed to the loan certificate of this case in blank and did not repay the money, and it seems that the defendant obtained it and applied for the payment order of this case at his own discretion.

Therefore, compulsory execution according to the payment order of this case, which orders the repayment of loan obligation based on the loan certificate of this case, should not be permitted.

3. Determination

(a)where it is recognized that the seal affixed to the person under whose name the document is affixed is affixed with the seal affixed to the person under whose name the document is written;