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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The plaintiff is a corporation that runs the oil wholesale business, and the defendant operated the gas station under the trade name of C gas station.
B. From February 28, 2011 to October 31, 2013, the Plaintiff incurred a total of KRW 53,996,000 in the course of supplying oil to the Defendant (hereinafter “instant transportation cost”).
C. On June 22, 2017, the Plaintiff’s representative director D, together with E operator F and G, prepared a loan certificate with the following contents (hereinafter “the loan certificate of this case”) and delivered it to the Defendant.
The loan certificate E (Representative F) and the Plaintiff (Representative D), personal D and personal G shall be proved to have borrowed KRW 30 million on June 20, 2014, KRW 100 million on April 27, 2017, KRW 100 million on the last settlement of the old bonds and obligations, other than KRW 70 million on April 27, 2017.- Total loan amount: KRW 200 million on the basis of KRW 0.8% on the basis of the month: (1) KRW 70 million on the repayment promise up to July 31, 2017; (2) KRW 10 million on the repayment promise up until September 20, 2017; (3) the repayment promise up to KRW 10 million on the basis of consultation and settlement
D. The Defendant filed an application with the Plaintiff, D, F, and G for a payment order seeking the return of the loan under the High Court Decision 2018 tea2276, Apr. 3, 2018, the said court issued an order to pay the Plaintiff, D, F, and G with the content that “The Plaintiff, D, F, and G jointly and severally agreed with the Defendant for the payment order amounting to KRW 158,00,000 from July 31, 2017 to the delivery date of the original copy of the payment order, 9.6% per annum from July 31, 2017 to the delivery date of the original copy of the payment order; and 15% per annum from the following day to the date of full payment; and the said payment order was finalized on April 21, 2018.
E. Since D is a debt against the Defendant either fully repaid or borrowed the debt stated in the instant loan certificate, D filed a lawsuit seeking the denial of compulsory execution based on the above payment order based on the loan certificate of this case (Ui Government District Court 2018Dadan86692), but the Ui Government District Court against the Plaintiff of the Defendant on April 18, 2019.