A. On May 31, 2008, Plaintiff B prepared a loan certificate stating that “35,00,000 won was repaid by the Defendant until December 31, 2008, under the guarantee of Plaintiff A, and if the repayment is not made by the due date, the Defendant shall be liable for civil and criminal liability” (hereinafter “the loan certificate of this case”) and issued it to the Defendant.

B. On January 17, 2011, the Defendant issued a payment order with the purport that “the Plaintiff shall pay 35,000,000 won to the Defendant and interest and demand expenses at a rate of 20% per annum from the day following the day of service of the original copy of the payment order to the Defendant” (hereinafter “instant payment order”), and the original copy of the instant payment order was sent to the Plaintiffs on March 8, 201 and was delivered to the Plaintiffs on January 19, 2011.

3. 23. The decision was finalized as is.

[Reasons for Recognition] Evidence B 2, Evidence B 6-1, and 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiffs’ assertion is that the obligations under the instant payment order based on the instant loan certificate were repaid to the Defendant’s account from January 18, 201 to July 26, 201, approximately KRW 28,000,000, and KRW 10,000,000, which was paid when the execution of provisional seizure on Plaintiff A’s real estate was cancelled on March 15, 2012, and thus, the Plaintiffs are denied compulsory execution based on the instant payment order.

B. The defendant's argument was prepared to the effect that prior to the preparation of the loan certificate of this case, the defendant paid a total of KRW 123,250,000 to the plaintiff B, and that 35,000,000 among them would be jointly paid by the plaintiffs.

In addition to the claim under the instant payment order, the Defendant: (a) KRW 10,000,000 on January 27, 2011 to Plaintiff B in the name of the Defendant’s father D; and (b) KRW 16,10,000 on March 3, 2011 in the name of the Defendant; and (c) KRW 10,00,000 on March 4, 201.