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1. The plaintiff's claim is dismissed.
2. As to the case of application for the suspension of compulsory execution, this Court shall have regard to the case of application for the suspension of compulsory execution.
Reasons
1. Facts of recognition;
A. On November 8, 2016, the Defendant filed an application with the Plaintiff for a payment order seeking the payment of the agreed amount with the Jeonju District Court, the Military Court, 2016Ra77, stating that “The Plaintiff is obligated to pay only KRW 60 million as of July 31, 2017, the market price of KRW 180,000,000 (the market price of KRW 120,000,000,000 - the secured debt 120,000,000,000) owned by the Plaintiff’s spouse C, the former non-owned District Court, Jeonju-gun, U.S., and 1,40,000,000 won (hereinafter “the instant real estate”). However, the Plaintiff agreed to perform the obligation to pay KRW 140,000,000 until December 31, 2016, the Plaintiff is obligated to pay the remainder of KRW 1,400,000.”
B. On November 9, 2016, the above court issued a payment order stating that “the Defendant shall pay to the Plaintiff 40 million won with 5% per annum from August 1, 2016 to the service date of the instant payment order, and 15% per annum from the next day to the day of full payment” (hereinafter “instant payment order”).
C. On November 14, 2016, the Plaintiff did not file an objection within two weeks after receiving the instant payment order, and the instant payment order became final and conclusive on November 29, 2016.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 6 and 7, the purport of the whole pleadings
2. The Plaintiff’s assertion that “The Defendant paid KRW 200 million up to July 31, 2016, but paid KRW 140 million in cash, and paid KRW 60 million in lieu of payment due to the transfer of ownership of the instant real estate.”
However, the defendant is "the secured loan obligation of the right to collateral security established on the real estate of this case".
Since the Plaintiff did not accept the claim even though it did not accept the claim, the Plaintiff has a claim against the Defendant for damages arising from nonperformance of the obligation to accept the obligation of the instant loan and damages incurred therefrom.