1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by each person;

Basic Facts

A. On January 3, 2012, the Defendant: (a) borrowed KRW 5 million from the Defendant on August 15, 2011, from the Defendant on the date of maturity, KRW 30,000,00 from the Defendant to December 19, 201; and (b) filed an application for payment order with the Plaintiff and the designated parties, claiming that “C jointly and severally guaranteed each of the above loan obligations” under subparagraph 12 of Article 2011.

B. On January 4, 2012, this Court issued a payment order (hereinafter “instant payment order”) to the effect that “C, the Plaintiff, and the designated parties jointly and severally pay to the Defendant the amount of KRW 32 million and KRW 5 million among them, from August 15, 2011 to October 18, 201 with respect to KRW 20 million, and from October 29, 201 to the date of full payment, 30% per annum from October 29, 2011 to the date of full payment.”

[Ground of recognition] Fact that there is no dispute, entry of Gap evidence 1, summary of the plaintiff's assertion of the purport of the whole pleadings, and the plaintiff and the designated parties did not have joint and several sureties with respect to the debt borrowed from the defendant C.

C borrowed a total of KRW 32 million from the Defendant and signed the joint and several surety column regardless of the intent of the Plaintiff and the designated parties, with the name of the Plaintiff and the designated parties written and signed.

Therefore, the payment order of this case should be excluded from the enforcement force.

As to the legitimacy of the instant lawsuit

A. We examine ex officio the legitimacy of the instant lawsuit.

B. We examine whether the instant payment order has become final and conclusive since a lawsuit of objection against a claim can be filed against a final and conclusive payment order (Articles 57 and 44(1) of the Civil Execution Act).

According to the items of evidence Nos. 1 through 6, witness C’s testimony, and the whole purport of the pleadings, the instant payment order is ① the Plaintiff and the designated parties, whose payment order was made on February 19, 2012, the Gangseo-gun 102.