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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On November 6, 2015, the Defendant filed an application for a payment order against the Plaintiff by asserting that the Plaintiff lent KRW 15,000,000 to the Plaintiff on a fixed date on November 30, 2015. On January 12, 2016, the said court issued the payment order ordering the Plaintiff to pay the amount of KRW 15,00,000 to the Defendant from December 1, 2015 to the delivery date of the original copy of the payment order and KRW 15% per annum from the next day to the delivery date of the original copy of the payment order (hereinafter “instant payment order”). The instant payment order was served on the Plaintiff and finalized.
[Ground of recognition] The fact that there is no dispute, Gap's evidence No. 1, and the purport of whole pleading
2. The parties' assertion and judgment
A. The summary of the Plaintiff’s assertion 1) Although the Plaintiff did not borrow KRW 15,00,000 from the Defendant, the instant payment order became final and conclusive. However, compulsory execution based on the instant payment order should not be denied. (2) The Defendant’s representative director, who is the Plaintiff’s representative director, requested the Defendant to lend money through D, and the Defendant sent KRW 14,870,000 to the bank account under the name of the Plaintiff’s representative director E via D. On November 6, 2015, C prepared a promissory note with a face value of KRW 15,00,000 in face value under the name of the Plaintiff, and thus, the Defendant is obligated to pay the Plaintiff KRW 15,00,000 and delay damages.
B. In full view of the facts stated in the evidence Nos. 4 and 5, and the purport of the whole argument in the witness witness witness D’s testimony, C, one of the representative directors of the Plaintiff, operated the Plaintiff. Upon having requested D to lend money again. D, upon having again requested D to the Defendant, the Defendant, via D, remitted KRW 1,50,000 to E bank account in the name of E through D, and the Defendant remitted KRW 8,230,000 on October 1, 2015, KRW 1,50,000, KRW 1,720,000 on October 4, 2015, and KRW 8,230,000 on October 1, 2015, KRW 14,870,000 on October 1, 2015, and KRW 14,870,000 on October 14, 2015 through D.