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1. The defendant's compulsory execution against the plaintiff in this court 2013th 1083 against the plaintiff is denied.
2.This judgment.
Reasons
1. The Defendant applied for a payment order stipulated in Paragraph (1) of the order for the payment of loans against the Plaintiff, and the above payment order was finalized on January 24, 2014.
2. The parties' assertion
A. The Plaintiff asserts that the above payment order was not received in lieu of the Plaintiff’s additional return and did not know of its content, and that the money borrowed from the Defendant was borrowed for gambling and constitutes illegal consideration.
B. The defendant asserts that the relationship with the plaintiff was lent as the defendant's living expenses.
3. Facts of recognition;
A. From November 2, 2012 to January 12, 2013, the Plaintiff borrowed money from the Defendant, and used the money from the Defendant at the Gangseo-do Casino in Gangwon-do’s fixed line.
B. The Defendant’s office was located as a D hotel located in Gangwon-do Stick-gun C.
(c) Amount of 0.23,00,000 won on the date of borrowing 2.2,00,00 won on November 2, 2012; 3,50,000 won on November 4, 2012; 3,500,00 won on November 22, 2012; 20.3,00 won on the date of borrowing 20.3,00 won on the date of borrowing 20,30,000 won on November 25, 2012; 20,300,000 won on the date of borrowing 20.2,00 won on the date of borrowing 20,30,000 won on the date of borrowing 20,30,000 won on the basis of 2,005, 260,000 won on November 27, 2012;
4. In light of the fact that both the Plaintiff and the Defendant traded the said money, at the time of the said money transaction, the said transaction was conducted in order to recover the said money and repeated time at which the loan and repayment were short, and that the transaction continued by adding interest to the money borrowed from the Defendant, the amount that the Defendant lent to the Plaintiff is not a loan to the Plaintiff at the cost of living, but a higher interest is paid.