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1. The Defendant’s enforcement against the Plaintiff on the payment order in the Daegu District Court 2013 tea1329 was enforced.
Reasons
1. Basic facts
A. On February 2013, the Defendant applied for a payment order against the Plaintiff for the payment of loans, etc., and the Daegu District Court issued a payment order with respect to KRW 28,623,260 and KRW 5,000 among them, for KRW 28,623,260 and KRW 5,00,000 from November 12, 2010, KRW 3,000 from January 30, 2012, KRW 15,323,260 from January 18, 2012, KRW 2,000 from April 16, 2012, KRW 3,300 to the Defendant, and KRW 5,00 from October 8, 2012 to KRW 260 from the payment order, KRW 3,300,00,00 as it is, the Defendant paid the amount as it is.
B. The ground for filing the instant payment order was that “the Plaintiff agreed to pay the Defendant the amount of KRW 5,00,000 on November 12, 2010, KRW 3,000,00 on January 30, 2012, KRW 1,323,260 on January 18, 2012, and KRW 5,000 on January 18, 2012 (=9,000, KRW 5,000,000), and KRW 3,00 on April 16, 2012, KRW 3,000 on August 3, 200, and KRW 300 on January 18, 2012.”
C. The Defendant, upon the instant payment order, filed an application for the seizure and collection order of the claim amounting to KRW 24,308,458 (i.e., loan amounting to KRW 23,062,080, KRW 1,213,128, KRW 33,250), and the garnishee filed an application for the seizure and collection order of the claim by designating the garnishee as the old Si. The Daegu District Court issued the seizure and collection order of the claim under the Daegu District Court Decision 2013TTT 2995, Sept. 5, 2013.
【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 5, the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff asserts that compulsory execution based on the payment order of this case is unfair for the following reasons.
1. The amount to be paid by the Plaintiff as a loan to the Defendant is KRW 4,00,000 paid by Nonparty C for a civil suit with Nonparty D at the time of the civil suit with Nonparty D, and KRW 2,00,000 for a civil suit filed by the Plaintiff against Nonparty E, and the Defendant.