1. The Defendant’s payment order against the Plaintiff was issued on June 18, 2018 by the Seogu District Court Branch of the Daegu District Court.

1. Basic facts

A. On May 24, 2017, the Plaintiff drafted and issued a cash custody certificate to the Defendant that “a total of KRW 28,000,000,000,000,000,000 from the Defendant was remitted on May 30, 2017, and that “a total of KRW 28,000,000,000 shall be repaid to the Defendant until September 8, 2017” on August 27, 2017.

B. On June 8, 2018, the Defendant applied for a payment order against the Plaintiff for the payment of the loan and applied for a payment order against the Plaintiff on June 18, 2018 to the effect that “the Plaintiff would pay KRW 28,000,000 to the Defendant and its delayed payment damages” as the Seoggu District Court Branch Branch of the Daegu District Court on June 18, 2018.

(3) Upon receipt of the aforementioned payment order, the payment order was finalized on August 3, 2018. The Defendant received from the Plaintiff, KRW 1,900,00 on August 27, 2018, KRW 148 on September 28, 2018, KRW 1,900,00 on October 26, 2018, KRW 1,900,000 on November 27, 2018, KRW 1,900,000 on December 28, 2018, KRW 1,90,000 on December 28, 2018, KRW 1,90,00 on January 26, 2019, KRW 10,000 on February 10, 200, KRW 1000 on September 26, 200, KRW 107, KRW 15,010 on May 1, 2019

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was invested KRW 28,00,000 from the Defendant. The Plaintiff entered into a conditional investment refund agreement with the Defendant to the effect that “if the Plaintiff is deposited in KRW 5,00,000,000 with C, the Plaintiff shall refund the Defendant the business expense of KRW 28,00,000,000,” but C completely withdraws the investment and did not fulfill the conditions for the return of the investment amount. Therefore, compulsory execution based on the instant payment order should be denied.

B. As seen earlier, it is reasonable to view that the Plaintiff lent KRW 28,000,000 to the Plaintiff according to the above fact that: (a) the Plaintiff received the total amount of KRW 28,000 from the Defendant and prepared a cash custody certificate to the Defendant on August 27, 2017, stating that “The Defendant shall repay KRW 28,00,000 to September 8, 2017,” and that the Defendant lent KRW 28,00,000 to the Plaintiff.