1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. The Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 37.75 million payable out of the agreed amount of KRW 80 million with the Incheon District Court 2016 tea2420,000.

On April 25, 2016, the above court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay KRW 37750,000 to the Defendant and its delay damages,” and the payment order was finalized on May 13, 2016.

[Reasons for Recognition] Entry of No. 15 Evidence No. 15 and the purport of the whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion that the loan certificate (No. 3, No. 11, No. 11, hereinafter “the loan certificate of this case”) was prepared by the Plaintiff when it is believed that the agreement (No. 4, and No. 9) between the Defendant and C presented by the Defendant was authentic, and that the agreement between the Defendant and C was prepared by the Plaintiff. Since the Defendant’s arbitrary agreement was written based on the false content, the Plaintiff was deceiving the Defendant and prepared the instant loan certificate.

In addition, the above loan certificate was prepared by the coercion that the plaintiff will be more responsible for the relationship with C if the plaintiff did not prepare it under the custody of the plaintiff.

Ultimately, the Plaintiff agreed to pay KRW 80 million to the Defendant by deception and coercion by the Defendant. Accordingly, the Plaintiff’s revocation of this agreement and the Plaintiff’s refusal of compulsory execution based on the instant payment order, which is the cause of the claim, is sought.

B. In light of the following facts or circumstances, it is not sufficient to acknowledge that the entries in Gap evidence Nos. 2, 4, 5, 6, and 7, as alleged by the plaintiff, are deceiving the defendant or prepared the instant certificate by coercion, and there is no other evidence to prove otherwise.

The plaintiff's assertion is without merit.

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