1. The Defendant’s execution against the Plaintiff is the Suwon District Court’s Sung-nam Branch 2010 tea 6544 loans.

1. Facts of recognition;

A. On October 29, 2010, the Defendant applied for a payment order against the Plaintiff seeking payment of KRW 95,00,000 from Suwon District Court Branch Branch Branch 2010 to KRW 6544 to KRW 95,00,000 and damages for delay calculated at the rate of 20% per annum from March 18, 2008 to the date of full payment. Upon receipt of the payment order on November 10, 2010, the payment order (hereinafter “instant payment order”) became final and conclusive on December 1, 2010.

B. On December 29, 2010, the Defendant issued the instant payment order and applied for a compulsory auction against the Plaintiff’s real estate at the Suwon District Court Ansan Branch. On August 22, 2011, the said court prepared a distribution schedule with the content that the principal amount of the instant payment order stated in the distribution procedure was distributed to the Defendant among KRW 95,00,000 and interest accrued up to that time until that time, KRW 50,794,259 out of KRW 65,257,465, and the Defendant received the said money around that time.

[Ground of recognition] Facts or absence of dispute with this court, Gap evidence No. 1, Eul evidence No. 1, the purport of the whole pleadings

2. Upon the Plaintiff’s recommendation, C, the Defendant’s main point of the Plaintiff’s argument, deposited money from the Defendant’s account, etc. to the Plaintiff from around 2008, and the Plaintiff deposited the investment profits into the Defendant’s account at the Defendant’s request.

The principal amounting to KRW 95,00,000 stated in the instant payment order is related to the money invested by C in the Plaintiff. The Plaintiff did not borrow the said money from the Defendant and did not agree on interest or delay damages.

3. Determination on the occurrence of claims

A. In the case of a payment order for which relevant legal principles have become final and conclusive, the grounds for failure or invalidation that occurred prior to the issuance of the payment order may be asserted in the lawsuit of demurrer against the payment order. The burden of proof as to the grounds for objection in the lawsuit of objection shall also be in accordance with the principle of burden of proof distribution in general civil procedure.

Therefore, final and conclusive.