1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On September 24, 2008, the Plaintiff and C drafted a copy of the borrowed money certificate with the Defendant, “The borrowed money certificate, KRW 56 million per day, and KRW 6 million out of the said amount, to be paid within December 25, 2012, and the balance KRW 50 million, to be paid by December 25, 2013. The said certificate of borrowed money shall be presented by December 25, 2013.”

(hereinafter “the loan certificate of this case”). B.

On June 30, 2014, the Defendant filed an order for payment with the Gwangju District Court for the support for the head of the Gwangju District Court by asserting that a loan claim exists with the Plaintiff and received an order for payment from the above court on June 30, 2014, stating that “the Plaintiff and C shall jointly and severally pay interest of KRW 56 million and the Defendant at a rate of 20% per annum from the day following the day on which the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”). The instant payment order was finalized on July 16, 2014.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Summary of the plaintiff's assertion

A. The Plaintiff did not borrow KRW 56 million from the Defendant.

B. The Defendant asserts that the Plaintiff prepared the instant loan certificate with the intent to guarantee the Defendant’s indemnity liability. However, the Plaintiff’s drafting of the instant loan certificate is either by coercion of the Defendant or by mistake that the so-called seed was in possession of the Plaintiff’s indemnity claim equivalent to the amount of reimbursement on behalf of the Defendant, and thus, the declaration of intent on the ground of coercion or mistake is revoked.

3. Determination

A. In the case of a payment order for which the burden of proof of claim objection is confirmed, if the payment order is not established or invalidated before the issuance of the payment order with respect to the claim which is the cause of claim, the objection against the payment order.