1. The Defendant’s order of payment is based on the order of payment issued on July 4, 2016, the Suwon District Court, Osan City Court, 2016.

1. Basic facts

A. On February 17, 2016, the Plaintiff borrowed KRW 6,000,000 from the Defendant and drafted a loan certificate stating that “The Plaintiff shall pay KRW 1,00,000,000 each month between the Defendant and the Defendant for six months from March 17, 2016 to August 17, 2016 (hereinafter “the instant loan certificate”).

B. On July 4, 2016, the Defendant asserted that, upon filing an application for a payment order with the Plaintiff, KRW 1 million was paid on April 2016, but did not receive payment on March 2016, May, and June.

On July 4, 2016, the Suwon District Court ordered the Defendant to pay 5% per annum from July 1, 2016 to the service day of the original copy of the instant payment order, and 15% per annum from the next day to the day of full payment. The said payment order was served on the Plaintiff on July 22, 2016 and became final and conclusive as it is.

hereinafter referred to as "the payment order of this case"

(c) Meanwhile, with respect to the above loan certificate, the Plaintiff transferred KRW 30,000,00 on March 24, 2016, KRW 250,00 on May 9, 2016, KRW 31,50,000 on May 31, 2016, KRW 250,000 on June 30, 2016, KRW 250,000 on June 30, 2016, and KRW 50,00 on August 20, 206, and KRW 3,00,00 on November 1, 2016, to the Defendant, respectively.

2. Determination

A. Prior to the determination on the cause of the claim, the Plaintiff asserted that (i) the amount of remittance, as seen earlier, (ii) KRW 150,00,000 on January 24, 2015, and KRW 530,000 on November 15, 2015, and KRW 300,000 on February 17, 2016, were repaid for the claim based on the instant payment order; however, considering that each of the above payment dates is prior to or on the date of the preparation of a loan certificate, it is difficult to view that the above amount is a repayment for the claim based on the instant payment order.

Pursuant to the legal appropriation prescribed in Article 479 of the Civil Code, the obligation of the plaintiff under the payment order of this case against the defendant according to the order of interest and principal.