A. On November 28, 2013, the Defendant loaned KRW 33 million to C by the due date on January 21, 2014 (hereinafter “instant loan”). On March 14, 2014, the Plaintiff agreed with C to pay KRW 30 million to the Defendant jointly and severally with C out of C’s above loan obligation (hereinafter “instant agreement”).

B. On April 15, 2014, C drafted a letter to the effect that, including the above loan obligation, the Defendant and the Plaintiff would pay KRW 45.5 million by April 18, 2014 and interest 7.5 million during the five-month period (hereinafter “each letter of this case”).

C. On May 19, 2014, the Defendant received a payment order (hereinafter “instant payment order”) from the above court to the effect that “the Plaintiff and C shall jointly and severally pay to the Defendant 53 million won and damages for delay calculated at the rate of 20% per annum from April 19, 2014 to the date of full payment” (hereinafter “instant payment order”), and the said payment order was served on the Plaintiff on June 11, 2014 and became final and conclusive on June 26, 2014.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 5, Eul evidence 1, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that since the plaintiff prepared the letter of this case or delegated the preparation of the letter of this case to C, it did not bear any obligation against the defendant under the letter of this case, compulsory execution based on the payment order of this case shall be dismissed as to the part exceeding KRW 30 million under the agreement of this case.

B. As to the Defendant’s assertion 1, each of the instant statements was prepared and delivered to the Defendant together with C, and the Plaintiff is jointly and severally with C.