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1. The Defendant’s check money No. 2006Ka975 against the Plaintiff, the check money No. 2016Ka499 against the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 1995, the Defendant filed a claim against the Plaintiff for a check payment and applied for a payment order again in the Suwon District Court case No. 2006Ka795, which stated that “The above judgment is to have expired.” On January 19, 2006, the above court ordered a payment order with the purport that “the Plaintiff shall pay five million won to the Defendant and its delay damages.” The above payment order was finalized on February 17, 2006 (hereinafter “the first payment order of this case”).
(2) In order to extend the prescription period of the above payment order, the Defendant filed an application for the payment order against the Plaintiff as the Suwon District Court Decision 2016 tea499, and the said court issued the payment order on March 2, 2016, stating that “the Plaintiff shall pay KRW 5 million to the Defendant and its delay damages.” The said payment order was finalized on March 22, 2016.
(hereinafter referred to as “the second payment order of this case”). B.
On April 26, 2007, based on the first payment order of the instant case, the Defendant executed a seizure execution of the instant corporeal movables owned by the Plaintiff (U.S. District Court 2007No. 3401). On May 26, 2010, the Defendant purchased corporeal movables at the auction procedure for corporeal movables and filed a claim for a set-off of 2 million won.
C. Meanwhile, the Plaintiff’s husband C paid KRW 6.4 million to the Defendant each month from May 2007 to March 2012.
In addition, around March 2012, the Plaintiff’s husband C prepared a written confirmation of debt repayment (hereinafter “written confirmation of debt repayment”) between the Defendant and the Defendant, and paid KRW 2 million to the Defendant.
A: The Plaintiff Obligor(B)’s Obligor(A)’s obligation amount: D’s obligation amount: A.D.’s obligation amount: the amount of the debt amount of KRW 2,00,000 per day-to-day loan (2,00,000): The date of temporary repayment: 4) the date of promise for the completion of payment: March 2012.