1. Compulsory execution against the defendant against the plaintiff by this court on July 29, 2020 based on the payment order of 2020 teas 147522.

1. Facts of recognition;

A. On April 22, 2018, the Plaintiff completed the Defendant’s mother’s report of marriage with C.

B. On August 8, 2014, the Defendant deposited KRW 9,000,000 in the Plaintiff’s account (National Bank D) and paid KRW 1,000,000 in cash to the Plaintiff.

C. On August 13, 2019, the Plaintiff entered into a divorce conciliation with the said C.

The Defendant alleged that the said money was a loan, and applied for a payment order with the Plaintiff seeking the said loan, and received the payment order as stated in the order (hereinafter “instant payment order”).

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 2, the purport of the whole pleadings

2. The plaintiff's assertion that C had the defendant keep the above KRW 10,000,00 in the above account used by C and the plaintiff together, and C used the above money by receiving KRW 10,00,000 from the defendant, and C used the above money. The plaintiff argued that C did not borrow the above money from the defendant, and sought the exclusion of the enforcement force of the above payment order.

In full view of the purport of the argument in Gap evidence No. 7, the plaintiff's above national bank account can be acknowledged as the fact that the plaintiff's above national bank account was used as a joint account for the payment of living expenses, etc., unless there is evidence to acknowledge that the plaintiff used the above KRW 10,000,000 regardless of C, it is insufficient to recognize that the defendant lent KRW 10,000 to the plaintiff, and there is no other evidence to acknowledge this otherwise.

Therefore, the execution of the instant payment order that orders the Plaintiff to pay KRW 10,000,000 to the Defendant is excluded.

3. The plaintiff's claim for conclusion is justified and it is so decided as per Disposition.