1. Compulsory execution based on the payment order issued by the Suwon District Court for the defendant's plaintiff 2019Da13054 was six.

1. Facts of recognition;

A. On March 22, 2017, the Plaintiff and the Defendant concluded a partnership agreement with the effect that the restaurant will be operated as a partnership business (hereinafter “instant partnership agreement”), and the Defendant paid KRW 30 million to the Plaintiff with the amount of investment under the instant partnership agreement.

B. After that, the instant partnership agreement was terminated, and the Plaintiff paid the Defendant KRW 18 million in total over 18 times between August 2, 2017 and January 8, 2019.

(The said money was deposited into the Defendant’s father C’s account; hereinafter “instant KRW 18 million”).

The Defendant filed a claim against the Plaintiff for the payment order with the exception of the amount of KRW 6 million remaining excluding the amount of KRW 18 million repaid by the Plaintiff, out of the amount of KRW 24 million, the Plaintiff agreed to return to the Defendant after the termination of the instant partnership agreement, as the court 2019 tea 13054.

On December 6, 2019, the court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay the Defendant KRW 6 million and its 5% per annum from August 2, 2017 to the date on which the original copy of this payment order was served, and that “the Plaintiff shall pay the Defendant delay damages at the rate of 12% per annum from the next day to the date of complete payment” (hereinafter “instant payment order”). The instant payment order was served on the Plaintiff on January 16, 2020, and was finalized on January 31, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff did not agree to return KRW 24 million to the defendant after the termination of the contract of the partnership of this case.

Therefore, since the payment order of this case does not have a claim, compulsory execution based on the payment order of this case should not be allowed.

Meanwhile, the instant KRW 18 million that the Plaintiff remitted to the Defendant is a loan.

Therefore, the defendant is obligated to return the above loan 18 million won to the plaintiff.

B. First of all, determination 1.