1. The defendant's compulsory execution against the plaintiff is denied based on the payment order of Seoul Central District Court 2013 tea10474.

1. Basic facts

A. On September 28, 2006, the Defendant remitted KRW 50 million to the account in the Plaintiff’s name.

B. As Seoul Central District Court Decision 2013 tea 10474, the Defendant applied for a payment order against the Plaintiff seeking loans of KRW 30 million among the above KRW 50 million and delayed payment damages therefor. On February 26, 2013, the Defendant received a payment order (hereinafter “instant payment order”) from the above court stating that “the Plaintiff shall pay to the Defendant the amount of KRW 30 million and the interest calculated at the rate of 5% per annum from December 2, 2006 to the delivery date of the instant payment order, and 20% per annum from the following day to the date of full payment” (hereinafter “instant payment order”).

C. The instant payment order against the Plaintiff was finalized as the Plaintiff did not raise an objection.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant invested KRW 50 million in the Plaintiff through the Plaintiff in a multi-level financial company called “C” (hereinafter “C”), and the Plaintiff did not agree to borrow the said money from the Defendant or to guarantee the principal of the investment. Therefore, the Plaintiff is not obligated to pay the said money to the Defendant.

B. The Defendant lent KRW 50 million to the Plaintiff.

Of the above loans, KRW 10 million was paid from D, which was a director of the Plaintiff or C invested by the Plaintiff, and KRW 10 million was exempted from the Defendant, and the Plaintiff shall pay the Defendant KRW 30 million and delay damages therefrom.

3. The fact that the Defendant remitted KRW 50 million to the Plaintiff’s bank account on September 28, 2006 is as seen earlier, and according to the statements in the evidence Nos. 1 through 5, the fact that the Plaintiff paid KRW 50 million to the Defendant on October 13, 2006, KRW 1380,000,000 to the Defendant on November 15, 2006 is recognized.

However, the above facts alone support the Defendant lent KRW 50 million to the Plaintiff.

The defendant agreed to return the above money to the plaintiff.