The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. On February 13, 2020, the Defendant filed an application with the Plaintiff for a payment order of KRW 194,000,000 with the Jeju District Court Seopo District Court 2020,000, and the said payment order was finalized on May 12, 2020 (hereinafter “instant payment order”). The grounds for the instant payment order are as follows: “C (hereinafter “C”) and the Defendant borrowed KRW 40,00,000 from the Defendant on May 23, 2018, and KRW 15,00,000 from August 17, 2018, with the interest rate of KRW 50,000,000 from August 17, 2018. In this case, D, the representative director of C, died thereafter, and the Plaintiff inherited the rights and obligations of D solely, and thus, the Defendant and the Plaintiff are jointly and severally liable to pay the interest rate of KRW 50,500,000,00 from August 18.

On May 8, 2017, the Defendant: (a) sold the F Building G units of E and 2 parcels of land surface F units of E and E, which were newly built by C from C on May 8, 2017; and (b) on January 30, 2018, C prepared a certificate that the Defendant paid the sales price for F building G units of E and 2 parcels of land.

The plaintiff is the heir of D.

C filed an objection against the instant payment order, and accordingly filed a lawsuit with Jeju District Court 2020 Ghana 57679. On September 27, 2020, the court rendered a judgment dismissing the instant payment order on the ground that C did not have any evidence to prove that C was responsible for the 15 million won, and the said judgment became final and conclusive around that time.

【Ground of recognition】 The non-contentious facts, Gap 2, Eul 1-1, and 1-2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion is that the Defendant deposited 15 million won to D on May 17, 2018, only part of the sale price for F building G, but not the loan to D.

The Defendant lent KRW 15 million.