1. Compulsory execution against the Defendant’s Plaintiff at the Daegu District Court on April 20, 2017, based on the payment order order (No. 2017 tea2015).

1. Facts of recognition;

A. On July 2, 2007, the Defendant: (a) operated an entertainment drinking house under the trade name “D” in Daegu Suwon-gu C; (b) on August 2, 2007, the Defendant set the maturity period of KRW 15,000,000 on August 2, 2007; and (c) on a rate of interest rate of 60% per annum for delay and interest rate of 60% per annum (hereinafter “instant loan”).

On the same day, the Plaintiff jointly and severally guaranteed the Defendant’s debt owed to the Defendant following the instant loan.

B. On April 12, 2017, the Defendant applied for a payment order against E and the Plaintiff, etc. to the Daegu District Court for the payment of principal and interest on the loan of this case, and received the payment order decision (hereinafter “instant payment order order order”) from the Daegu District Court on April 20, 2017.

The decision on the instant payment order was served on June 8, 2017 on the Plaintiff, and was finalized on June 23, 2017 as the Plaintiff did not raise an objection within 14 days thereafter.

[Ground of recognition] Facts without dispute, entry of Gap 1-4 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts, barring any special circumstance, the Plaintiff is obligated to pay the Defendant the loan amount of KRW 15,00,000,000 and damages for delay thereof. However, the Defendant’s lending of money to E is presumed to be a commercial activity under Article 47(2) and (1) of the Commercial Act, and the Defendant’s lending of money to E is subject to five-year commercial prescription under Article 64 of the Commercial Act for the principal and interest on the loan of this case to E, which is the Defendant’s claim for which five years have passed from August 2, 2007, which is the due date of the loan of this case, and the Defendant filed an application for payment order with E and the Plaintiff with the content of seeking payment of the principal and interest on the loan of this case, as seen earlier, the Defendant’s lending of the principal and interest of this case to E had already expired before the payment order was applied.