1. The Defendant’s payment order against the Plaintiff was based on the Seoul Southern District Court Decision 2016Hu64512.

Facts of recognition

On December 30, 199, the Plaintiff entered into a loan transaction agreement with the new Seongbuk Saemaeul Community Fund with the general household funds of the loan subjects, the loan amount of KRW 3,00,000,000, the date of loan commencement, December 30, 1999, April 30, 2000, interest rate of KRW 18.25% per annum, and delay damages rate of KRW 33% per annum.

Since then, the new Seongbuk Saemaul Community Fund applied for provisional seizure of real estate owned by the plaintiff on May 24, 2001 (Seoul District Court 2001Kadan1276).

On March 13, 2014, the New Saemaeul Fund received an order for payment of the above loans from the Plaintiff on March 31, 2014, stating that “the Plaintiff shall pay to the New Saemaeul Fund of Korea 6,596,480 won and 2,220,000 won which is calculated at the rate of 30% per annum from February 12, 2014 to the date of full payment.” The above order for payment was finalized on May 28, 2014.

On August 24, 2016, the Defendant asserted that he/she acquired the above loan claims from the Korea Saemaul Savings Depository, and applied for a payment order against the Plaintiff on September 27, 2016, the Defendant received an order for payment (Seoul Southern District Court Decision 201Da64512, hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant the amount of KRW 7,682,340 and KRW 2,20,000 per annum from the day after the original copy of the instant payment order was served to the day of full payment (Seoul Southern District Court Decision 2016Hu64512, hereinafter “instant payment order”). The above payment order was finalized on October 15, 2016 as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1 to 7 (including each number), the purport of the whole pleadings

2. In light of the judgment, the final and conclusive favorable judgment has res judicata effect, so the party who received the final and conclusive judgment in favor of the other party of the previous suit shall be again winning against the other party of the previous suit.