1. The defendant's compulsory execution based on the loan case No. 2008Da2639 against the plaintiff is 106,000.

Basic Facts

From August 3, 2007 to October 17, 2007, the Defendant paid to the Plaintiff KRW 114,000,000 in total eight times as shown in the following table.

On August 3, 2007, the payment date No. 5,00,000 won 5,00,000 won on August 14, 2007 5, 2007, 6. 5,000,000 won on August 14, 2007 6. 15,000,000 won on September 4, 2007 30,70,000 won on July 20, 2007 7. 10,000 won on September 30, 207, 30,000 won and 40,000 won on September 25, 200, 200 won and 10,000 won on August 25, 2007, 200, 300,000 won and 10,000 won on September 4, 200, 2006.

The above payment order was received and became final and conclusive at the time of the filing of an objection. [In the absence of dispute over the grounds for recognition, Gap evidence 1, Eul evidence 1-1, and Eul evidence 1-2, the plaintiff asserted the purport of the whole pleadings, the payment order in this case is not the money that the defendant, who was in a family relationship, donated to the plaintiff for the repair cost of apartment living with the plaintiff, cost of household purchase, cost of repair of apartment, security deposit, etc., of commercial buildings operated by the plaintiff, nor the money that the defendant loaned to the plaintiff.

On this issue, the Defendant received a request from the Plaintiff to lend money, and lent the instant payment to the Plaintiff.

Judgment

In light of the above basic facts and the details of monetary transactions between the defendant, the amount of the payment of this case, the payment of this case before and after the payment order of this case, etc., it is reasonable to view the payment of this case as the amount lent to the plaintiff by the defendant.

The Defendant received a loan of KRW 114,00,000 from a financial institution.