A. On February 25, 2010, the Defendant applied for a payment order to the Defendant on March 5, 2010 to the effect that “the Plaintiff shall pay the Defendant the above amount of the Plaintiff’s debt to KRW 9,003,387, and interest KRW 13,736,192 as of February 22, 2010 with credit card issued at the Industrial Bank of Korea. The Industrial Bank of Korea was on May 27, 2008, and the Korea Commercial Bank was on June 27, 2008, and on June 27, 2008, the Plaintiff shall pay the Defendant the above amount of the Plaintiff’s debt to the Defendant.” The Plaintiff received the payment order to the Defendant on March 5, 2010 at the rate of KRW 22,739,578, and KRW 9,03,03,387, which was paid to the Defendant at the rate of KRW 305,201.

B. On May 17, 2010, the Defendant issued the instant payment order to the Seoul Northern District Court No. 2010 Taz. 8745, Jun. 22, 2011; the Seoul Northern District Court No. 2011 Taz. 16573, Aug. 8, 2012; and the Defendant received the order of seizure and collection, respectively, with the same court No. 2013 Taz. 13600, respectively, and the Plaintiff received the said order around that time.

In addition, on June 5, 2014, the Defendant issued the Seoul Northern District Court Decision 2014Kao3165 to file an application for entry in the defaulters' list against the Plaintiff on the basis of the instant payment order and received a decision to enter the Plaintiff in the defaulters' list on June 5, 2014, and the Plaintiff was served on June 12, 2014.

C. Meanwhile, the Defendant asserted that the agreement on the division of inherited property concluded on October 24, 2014 between the Plaintiff and B as Seoul Northern District Court Decision 2015Da48297 on the share of the case between the Plaintiff and B is a fraudulent act, and that the agreement on the division of inherited property concluded on October 24, 2014 between the Plaintiff and B as Seoul Northern District Court Decision 2015Da48297 (hereinafter “instant share”) constituted a fraudulent act. The Defendant filed a lawsuit seeking its revocation and restitution, and filed a lawsuit between the Plaintiff and B on March 25, 2016.