1.The judgment of the first instance shall be modified as follows:

Changwon Branch Branch of the defendant's defendant's Changwon District Court on 2016.

1. Basic facts

A. The Defendant asserted that “a loan bond and credit amount under an agreement: KRW 15 million (a loan but KRW 5 million is repaid: the date of loan: June 17, 2016; June 15, 2016; and the agreed party: 1% on July 15, 2016; and on August 10, 2016, the court issued the instant payment order to the Defendant from September 2, 2016 to September 2, 2016 (hereinafter “instant payment order”).

B. On March 28, 2017, upon the instant payment order, the Defendant received a seizure and collection order (the Changwon District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office 2017) regarding bank deposit claims that the deceased possessed against G Cooperatives on March 28, 2017.

C. On August 28, 2017, Plaintiff C, an adult guardian of the Deceased, filed the instant lawsuit on behalf of the Deceased by asserting that there was no debt borrowed under the instant payment order.

On February 14, 2018, the deceased died in the process of the first instance trial, and the Plaintiff C, D, and E taken over the instant lawsuit against the deceased’s spouse B, and their children.

E. On February 23, 2018, the Defendant collected KRW 11,291,150 from the G Cooperatives based on the instant collection order, and reported the collection on December 12, 2018.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 7 evidence, Eul's 8 evidence, and the purport of whole pleading

2. The parties' assertion

A. 1) The Deceased did not borrow money from the Defendant, so compulsory execution based on the instant payment order shall not be permitted. 2) The Defendant issued the instant collection order on February 23, 2018.