청구이의
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On December 23, 2009, the Defendant, a credit service provider, filed a payment order with the Plaintiff on the ground of a loan claim, and issued a payment order with the Ulsan District Court Decision 2009Guj8365, stating that “the Plaintiff shall pay to the Defendant KRW 38,850,000 and damages for delay calculated at the rate of 48% per annum from October 26, 2009 to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized on January 13, 2010.
B. On July 3, 2012, the Plaintiff and the Defendant drafted a notarial deed with the content that “the Plaintiff borrowed KRW 90,458,000,00 from the Defendant on November 10, 201, annually, 39% of interest per annum, and as of July 25, 2012, a notary public drafted the notarial deed with the content that “the Plaintiff borrowed from the Defendant on July 25, 201” as the notarial deed No. 420 (hereinafter “instant notarial deed”).
C. On June 5, 2017, the Defendant, based on the original copy of the instant payment order, carried out compulsory execution on the part of the Plaintiff and the third debtor Hyundai Heavy Industries, including KRW 38,850,00 of the principal, delay damages, KRW 141,929,162 of the wages, and KRW 26,200 of the procedural costs, and KRW 180,805,362 of the amount, based on the Ulsan District Court 2017, the Defendant applied for the seizure and collection order.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 5, 6 evidence, Eul 1, the purport of the whole pleadings
2. Vindication and determination thereof
A. The gist of the Plaintiff’s assertion is the cause of claim. ① The Defendant’s loan claims based on the instant payment order do not exist until that time. ② Even if exist, the Plaintiff and the Defendant would settle the relationship between all obligations up to that time, including the instant payment order claims, at the time of the preparation of the instant notarial deed, and eventually, there is no obligation under the instant payment order.