1. The Defendant’s payment order against the Plaintiff was issued on July 20, 2017 by the Busan District Court Branch of the Dong Branch of the Busan District Court.

1. Basic facts

A. On September 6, 2016, the Defendant set a loan of KRW 50 million to the Dispute Resolution Co., Ltd. at the interest rate of KRW 4% per month, and paid KRW 25 million per month on March 5, 2017 to the Plaintiff, who paid KRW 40 million on September 5, 2017 and KRW 15 million on the same day on September 5, 2017.

B. The Plaintiff jointly and severally guaranteed the debt to the Defendant of the LAC.

C. On June 23, 2017, the Defendant filed an application with the KCAB and the Plaintiff for a payment order claiming a payment order at the rate of 24% per annum from the day following the delivery of the original copy of the payment order with respect to the amount of KRW 36.2 million in this court and the payment delay damages from the day of complete payment.

On July 20, 2017, the above court issued a payment order with the same content, and July 24, 2017, which became final and conclusive as it did not raise any objection.

On the other hand, on September 8, 2017, the Defendant filed a loan lawsuit against the Plaintiff and the Dispute Resolution Co., Ltd., in addition to the above payment order, and confirmed on March 7, 2018, the Defendant rendered a judgment that “the Defendant jointly and severally pays to the Plaintiff the amount of KRW 28 million and the amount of KRW 25 million calculated at the rate of 24% per annum from September 6, 2017 to the date of full payment.”

E. The LAC and the Plaintiff repaid to the Defendant the amount of KRW 2 million on October 5, 2016, KRW 200 million on November 4, 2016, KRW 200 million on December 7, 2016, KRW 200,000 on December 7, 2016, and KRW 80,000 on January 17, 2017.

[Grounds for recognition] Unsatisfy, the purport of the whole pleading

2. On the Plaintiff’s assertion that the due date for the repayment of the borrowed loan obligation by the parties has not yet arrived, the Defendant asserts that the above payment order was a separate claim against the Plaintiff for the amount of KRW 36.2 million calculated by subtracting the interest of KRW 4% interest of KRW 18 million per month during nine months before the application for payment order on June 23, 2017, and the interest of KRW 6.8 million received from the total amount of KRW 36.2 million during nine months before the application for payment order on March 5, 2017, and the remainder of KRW 25 million for which the due date expired.

3. Determination.