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1. The plaintiff's order of payment is based on the order of payment issued by the ASEAN court of the Daejeon District Court for the defendant.
Reasons
1. Basic facts
A. On September 22, 2009, the Plaintiff prepared a letter to the Defendant that the Plaintiff would provide a guarantee for the purchase of a vehicle and pay KRW 2 million in cash in lieu of paying KRW 20 million borrowed from the Defendant (hereinafter “first letter”).
B. Based on the above written statement, the Defendant applied for a payment order claiming payment of KRW 20 million to the Plaintiff at a rate of 15% per annum from the day after the original copy of the payment order was served to the day of complete payment. On April 10, 2018, the Defendant issued the payment order to the same purport from the above court, and the original copy of the payment order was served on the Plaintiff on April 11, 2018.
C. On April 23, 2018, the Plaintiff paid KRW 7 million to the Defendant, and agreed with the Defendant on the entire loan of the above payment order case, and set up and awarded a letter to the effect that the original of the first letter is discarded (hereinafter “the second letter”).
On April 26, 2018, the payment order of the Daejeon District Court 2018Guj222 was finalized on April 26, 2018 because the plaintiff did not raise an objection.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings
2. According to the allegations and the facts of the above recognition, the Defendant’s loan claims based on the payment order under the Daejeon District Court Decision 2018Guj2222, the Busan District Court Decision 2010,000,000 won, which was paid by the Plaintiff on April 23, 2018, were exempted from the Defendant by preparing and delivering the second letter. Thus, the above loan claims do not exist.
In this regard, the defendant asserts that the above loan claims still remain since the payment order became final and conclusive after preparing the second letter, so Article 474 of the Civil Procedure Act provides that the payment order finalized has the same effect as the final and conclusive judgment. However, there is objection to the claim for the final and conclusive judgment.