1. The defendant's payment order for the loans to the defendant's plaintiff in the Chuncheon District Court of Gangseo branch court of the East Sea court of 2007 tea757.

1. Facts of recognition;

A. On December 15, 2004, while the Plaintiff’s wife C and the Defendant had engaged in money transactions several times, the Defendant settled accounts between them and prepared a certificate of borrowed money with the following contents. The Defendant jointly and severally guaranteed the Defendant’s obligation to borrow money under C.

[ Principal 8.5 million won, interest 2% per month, and due date of repayment on December 15, 2005]

B. The Defendant filed a payment order against the Plaintiff by this Court No. 2007 tea757 and issued a payment order. The above payment order became final and conclusive on October 20, 2007.

[However, the rate of delay damages on payment order is 24% per annum until October 5, 2007 and 20% per annum from October 6, 2007 following the date of service of payment order].

C transferred each of the Defendant KRW 300,000, KRW 300,000 on February 28, 2005, KRW 300,00 on April 1, 2005, KRW 300,000 on May 2, 2005, KRW 300,000 on June 8, 2005, KRW 400,000 on April 30, 201, KRW 200,000 on September 30, 201, and KRW 250,00 on March 31, 201.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination

A. While the Plaintiff’s wife, who is the Plaintiff’s main point of the Plaintiff’s assertion, paid interest in cash, etc., the Plaintiff paid the full amount of the loan by paying KRW 2.5 million on March 31, 201. Even if the interest accrued on domestic affairs, the Defendant proposed that C pay only KRW 2.5 million on March 31, 201, and C paid the above KRW 2.5 million on March 31, 201. Therefore, the settlement of the loan was completed.

B. 1) First, there is no evidence to acknowledge that there was an agreement between the Plaintiff and C to settle the accounts with the payment of KRW 2.5 million on March 31, 201, on the fact that C paid interest in cash to the Plaintiff by cash. Furthermore, there is no evidence to prove that there was an agreement between the Plaintiff and C to settle the accounts with the payment of KRW 2.5 million.

3. On the other hand, the principal is eight. On the other hand, as of March 31, 2011, when the amount repaid by C is repaid to the claims under the above payment order, the final repayment date.