1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Facts of recognition

A. On November 22, 2017, the Defendant filed an application for payment order with the Plaintiff (Appointed Party) and the Appointed C (hereinafter “Plaintiff and Appointed”) on the ground of the loan amounting to five million won on February 17, 2012 with the Changwon District Court, Changwon-nam District Court (hereinafter “Plaintiff and Appointed”)

(Loan) On November 27, 2017, the above court rendered a joint and several payment order ordering the Plaintiff and the Selection to pay the above claim amount of five million won and the interest and delay damages from February 18, 2012 (hereinafter “instant payment order”). On January 10, 2018, the above payment order was served on the Plaintiff and the Selection and became final and conclusive on January 25, 2018.

B. On February 17, 2012, accompanied by the Defendant at the time of applying for the instant payment order, the loan certificate (No. 2: (i.e., the certificate No. 1-4; hereinafter referred to as “the loan certificate of this case”) stating the loan amount of KRW 5 million, interest rate of KRW 200,000 per annum, and maturity of payment on February 17, 2015; and the name and personal information of the Plaintiff, the designated person, and his mother are indicated in the “debtor” column, and the name of each name is stamped.

Party's argument and Judgment

A. 1) The Plaintiff and the appointed parties did not borrow money from the Defendant, and no one of the loan certificates (No. A. 1-3) presented by the Defendant, including the instant loan certificates, is prepared. Therefore, compulsory execution based on the instant payment order is not permissible. 2) The Defendant’s monetary claim amounting to five million won against the Plaintiff and the appointed parties, which is the cause of the instant payment order, is set forth below.

On December 20, 2006, the defendant lent KRW 5 million to the network D on December 20, 2006, and the plaintiff and the designated parties, who are children, agreed to pay the above money as they recognize the network D's above loan, and signed the loan certificate (No. 1, No. 1, No. 2) prepared as of February 17, 2012.