1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

1. Facts of recognition;

A. On August 17, 2012, the Defendant filed an application with the Plaintiff for a payment order claiming the price of goods with the Suwon District Court Branch Branch No. 2012 tea5301, and the said court issued the payment order on September 24, 2012, stating that “The Plaintiff shall pay to the Defendant 128,866,840 won and damages for delay calculated at the rate of 20% per annum from the day following the delivery of the original copy of the above payment order to the day of complete payment.”

(hereinafter “instant payment order”). The instant payment order was served on September 26, 2012 on the Plaintiff and finalized on October 11, 2012.

B. On November 2, 2012, the Defendant applied for a seizure and collection order as to the Plaintiff’s claim against the Plaintiff Company D (hereinafter “D”) by Ansan District Court Branch Decision 2012TTTT16602, and issued a seizure and collection order on November 15, 2012.

C. On November 4, 2012, the Plaintiff endorsed and delivers to the Defendant a promissory note (hereinafter “instant promissory note”) with a face value of KRW 40 million and due date as of March 10, 2013.

On December 6, 2012, the Defendant received KRW 65,457,294, the Defendant paid KRW 1/2,000,00 from D, the garnishee of the above seizure and collection order.

E. The Plaintiff paid an additional amount of KRW 25 million to the Defendant from January 11, 2013 to May 7, 2013.

The Defendant received the instant promissory note payment on March 10, 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, 3, and 5, substantial facts in this court, the purport of the whole pleadings

2. The parties' assertion

A. On December 6, 2012, the Plaintiff and the Defendant agreed to pay in installments the amount of debt under the instant payment order at KRW 25,457,290, and agreed to pay in installments. After that, the Defendant paid in KRW 25,00,000, the amount of debt in this case remains at KRW 457,290.

However, the defendant exempted the above 457,290 won from the obligation.

Therefore, since all debts of this case have ceased to exist, compulsory execution based on the payment order of this case should be denied.

B. The defendant's assertion 1.