1. The plaintiff's order of payment is based on the order of payment issued by the Goyang-si court of the Seoul District Court for the government branch of the Seoul District Court.

1. On December 1, 2001, the Defendant applied for a payment order against the Plaintiff to request the payment of the loan, and on which December 1, 2001, “the Plaintiff shall pay to the Defendant an amount equivalent to KRW 43,00,000 and 25,00 per annum from the next day of the service of the instant payment order ( December 11, 2001) to the full payment order (hereinafter “the payment order in this case”) was issued with the payment order (the Seoul District Court’s Seoul District Court’s branch court’s 2001 tea 4845, hereinafter “the payment order in this case”), and this order was finalized on December 26, 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination:

A. The plaintiff asserted that the defendant received dividends from the defendant in the course of compulsory execution after the payment order of this case, and that all obligations based on the payment order of this case are extinguished, even though all obligations based on the payment order of this case were extinguished, the defendant sought confirmation of the non-existence of the above obligations.

B. The fact that the Defendant received dividends from the instant payment order based on the instant payment order in the compulsory execution procedure and the Defendant received dividends of KRW 7,558,771 on January 28, 2002 and KRW 4,661,750 on February 12, 2009, respectively, is not in dispute between the parties, and there is no assertion or proof as to the appropriation, and the said money was appropriated in the order of principal and interest as follows.

(B) The interest of KRW 1,443,150 for interest from December 11, 2001 to January 28, 2002 and interest of KRW 6,115,621 for the period of appropriation in sequence: 43,00,000 x 49/365 x 25% x 36,84,379 won (2) : The balance of the principal after appropriation of KRW 36,84,379 on February 4, 2009; 61,750 won; from January 11, 2001 to January 28, 2002; and 6,115,621; and the interest period of appropriation of KRW 43,000; 49/3684; 3785 x 7865 x 785 x 76375 x 785 x 3795 x 675 x 375 5 x 2064.

C. It is reasonable to recognize that the Plaintiff transferred the apartment sales right to the Defendant solely on the basis of the written evidence Nos. 3 and 5 regarding the assertion on the transfer of apartment sales right.