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1. The defendant's payment order against the plaintiff was based on the Jeonju District Court's Gunsan Branch 2020 tea 326 loan repayment order.
Reasons
1. Basic facts
A. On June 18, 2020, the Defendant received a payment order (hereinafter “instant payment order”) stating that “the Plaintiff would pay KRW 52,930,000 to the Defendant and the delayed damages therefrom” under the former District Court’s Gunsan Branch Branch 2020 tea 326 on June 18, 2020, by requesting a payment order against the Plaintiff for the payment of the loan, and the payment order was finalized on July 17, 2020 with the objection period.
B. The Defendant, as the cause of the instant payment order, sent KRW 52,930,00 in total to the Plaintiff from May 13, 2018 to April 24, 2020 as the cause of the instant claim for the payment order.
Inasmuch as the Plaintiff asserted that “.....”
(c)
The defendant applied for compulsory execution against the plaintiff's deposit claims and corporeal movables to execute the payment order of this case and received part of the payment order.
[Grounds for recognition] The items in Gap evidence Nos. 1 to 3, and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff and the Defendant: (a) donated money to each other during their school attendance from March 2018 to July 2020; (b) one party used a credit card in the name of the other party to pay the card price; and (c) lent money to the Plaintiff; and (d) in the process, the amount that the Defendant remitted to the Plaintiff was KRW 59,960,143 in total; (b) not only the amount that the Defendant lent to the Plaintiff, but also the amount that the Defendant wired the card price to the Plaintiff, but also the amount that the Defendant used the credit card in the Plaintiff’s name, transferred the card price to the Plaintiff, or was jointly used for the donated money or for the cost of living; and (c) on the other hand, the Plaintiff also repaid the money borrowed from the Defendant by remitting the total amount of KRW 50,002,046 to the Defendant during the said period, there is no obligation to borrow money to
B. The Defendant’s assertion is a credit card between May 2018 and April 2020, which was living together with the Plaintiff when the Defendant associates with the Plaintiff.