1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. The following facts are recognized in full view of the purport of the entire pleadings in each of the statements in Gap evidence Nos. 1, 2, and Eul evidence No. 1.

On November 25, 2011, the Defendant filed an application with the Seoul Central District Court for a payment order of KRW 104,000,000 in total against the Plaintiff, asserting that “The Defendant lent the Plaintiff KRW 64,000,000 on June 2009, KRW 20,000 on September 28, 2009, and KRW 20,000,000 on November 12, 2009.”

Accordingly, on December 6, 2011, the above court issued an order for payment (hereinafter “instant order for payment”) to the Defendant to pay 104,000,000 won to the Defendant with 5% per annum from November 16, 2010 to the service day of the original copy of the instant order for payment, and 20% per annum from the next day to the day of full payment (hereinafter “instant order”).

The instant payment order was finalized on December 28, 2011.

2. The parties' assertion

A. At the time of the Plaintiff’s establishment of the Plaintiff’s assertion, the Defendant invested KRW 160,000,000 among the Plaintiff’s capital of KRW 280,000,000, but there is no fact that the Defendant lent money to the Plaintiff.

Therefore, since there is no loan claim against the defendant against the plaintiff, compulsory execution based on the payment order of this case should be denied.

B. At the time of the establishment of the Plaintiff’s assertion, if D lends its capital to the Defendant for the establishment of the Plaintiff, the Plaintiff borrowed the capital from the Defendant to repay it immediately.

Accordingly, at the time of the establishment of the Plaintiff, the Defendant lent KRW 280,000,00, total capital, and KRW 4,000,000, including various registration expenses, office expenses, etc. D, after the establishment of the Plaintiff, paid KRW 220,000,000, and paid KRW 64,000 (= KRW 280,000,000 - KRW 220,000,000).

In addition, the Defendant additionally lent to the Plaintiff KRW 20,000,000 on September 28, 2009, and KRW 20,000,00 on November 12, 2009.

When the defendant urged D to repay each of the above loans, D prepares a loan certificate (No. 4) to the defendant, and it is against the plaintiff.