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1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the above part shall be dismissed.
Reasons
1. Basic facts
A. After paying KRW 100 million to the Defendant on April 11, 2005 (hereinafter “instant KRW 100 million”), the Plaintiff filed an application for a payment order with the Defendant around April 2008, with the Seoul Southern District Court Decision 2008 tea5154, and the said court issued the payment order on April 18, 2008, stating that “the Defendant shall pay the Plaintiff KRW 100,000,000 and the amount calculated at the rate of 5% per annum from April 12, 2005 to the delivery date of the original payment order, and 20% per annum from the next day to the day of complete payment (hereinafter “instant payment order”). This was served on the Defendant on April 23, 2008 and confirmed on May 8, 2008.”
B. The Defendant paid the Plaintiff a sum of KRW 100 million by April 30, 2008.
[Reasons for Recognition] Unsatisfy, Gap 1, 7, and 8
2. The plaintiff's assertion and judgment
A. The plaintiff asserted that the plaintiff lent KRW 100 million to the defendant on April 11, 2005 and applied for the payment order of this case. Thus, the defendant merely paid KRW 100 million to the plaintiff even though he is liable to pay interest and delay damages pursuant to the payment order of this case. Thus, the defendant is liable to pay the plaintiff 46,431,393 won [=one hundred and sixty million won (=one hundred and sixty million won (= interest and delay damages from April 12, 2005 to April 30, 2008), interest and delay damages from April 12, 2005 to fifteen,561,643 won, 69,60 won for the payment order of this case - KRW 100,000,000,000,000) through May 11, 2008, 3013,005 and damages for delay from May 31, 2008].
B. The instant payment order became final and conclusive inasmuch as res judicata becomes final and conclusive, and thus, the instant payment order became final and conclusive.
In addition, there is evidence that the 100 million won of this case, which the plaintiff sought to pay to the defendant upon the application for the payment order of this case, was a loan to the defendant.