A. The Plaintiff is a person who purchased and sold cosmetics from the Defendant while working as a C business employee, and the Plaintiff’s husband D jointly and severally guaranteed the Plaintiff’s obligation to pay for the goods to the Defendant due to the above goods transaction (hereinafter “instant goods payment obligation”).

B. On April 7, 2009, in the case of the purchase price of goods in which the Defendant sought and applied against the Plaintiff and D for the performance of the instant goods payment obligation, the payment order (hereinafter “instant payment order”) was issued on April 7, 2009 stating that “the Plaintiff and D shall jointly and severally pay to the Defendant the amount calculated at the rate of 20% per annum from the day following the delivery date of the original copy of the instant payment order to the day of full payment.” The instant payment order was served on the Plaintiff and D on July 30, 2009 and became final and conclusive August 14, 2009.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s claim is merely KRW 6,663,100, the Plaintiff’s obligation to purchase the goods of this case, and thus, compulsory execution based on the payment order of this case shall not be permitted only for the portion exceeding KRW 6,663,100.

B. In full view of the statements No. 2-2, No. 4-2, Eul evidence No. 5 (including paper numbers), Eul evidence No. 8-1, Eul evidence No. 10, and Eul evidence No. 111, the following facts are recognized.

① The instant goods payment obligation was KRW 13,394,771 at the time of the application for the instant payment order.

② After that, based on the instant payment order, the Defendant received the dividend of KRW 5,861,241 in total on several occasions from November 2, 2009 to July 29, 2015, with respect to the payment claim, etc. against D’s first-aid court located in Chuncheon District Court (2009TTB) under the instant payment order, with respect to the payment claim, etc. against D’s first-aid court located in Korea.

③ As above, the Defendant appropriated the said dividend to repay the principal, and the damages for delay incurred until July 29, 2015.