A. On September 23, 2009, the Defendant filed an application with the Plaintiff for a payment order claiming the return of KRW 10,000,000 for the guaranteed debt by asserting that the Plaintiff jointly and severally guaranteed the above obligation against the Defendant at the time when the Defendant lent KRW 2009,209,09,000 against the Plaintiff to C on June 13, 2005. The above court accepted the Defendant’s application on September 24, 2009, and accepted the Defendant’s application, “10,000,000 won to the Defendant, and the amount calculated annually from December 14, 2005 to the delivery date of the original copy of the payment order, and KRW 20,000 per annum from the next day to the date of full payment, and the payment procedure expenses shall be borne by the Plaintiff.”

B. The above payment order was served on the Plaintiff on October 19, 2009, and was finalized as it was due to the Plaintiff’s failure to raise an objection within the period of time.

(hereinafter referred to as “instant payment order”). [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence No. 1, the purport of the whole pleadings.

2. The assertion and judgment

A. The plaintiff's spouse C lent KRW 10,000,000 from the defendant on June 2, 2005 and June 13, 2005, respectively. The plaintiff is jointly and severally guaranteed for each of the above loans on June 2, 2005, and there is no joint and several guarantee for the loans on June 13, 2005.

Each written statement prepared by the Plaintiff and the Plaintiff’s spouse to the Defendant is merely that the Plaintiff and the Plaintiff’s spouse shall pay KRW 10,000,000.

Even if the Plaintiff jointly and severally guaranteed the loan on June 13, 2005, the Defendant applied for a seizure and collection order against the Plaintiff’s claim based on the instant payment order and received the total amount of KRW 6,209,000 as the collection amount. Therefore, the above amount among the above guaranteed debt was extinguished.

B. On June 2, 2005, the Defendant lent KRW 10,000,00 to the Plaintiff’s spouse C in full view of the following facts: (a) determination of the absence of a guaranteed obligation as to the Plaintiff’s non-existence of a guaranteed obligation; and (b) the Plaintiff at the time.