1. The Defendant’s payment order based on the loan payment order in Seoul Central District Court 2016 teas 62366 against the Plaintiff.

1. Facts of recognition;

A. On September 11, 2006, the Plaintiff married with C on September 11, 2006, but married on June 20, 2012.

B. On October 4, 2010, the Plaintiff agreed to pay on October 25, 2010 the rent of KRW 30 million, annual rent of KRW 14,400,000,000,000 on the leased store from D, and the down payment of KRW 10,000,000 on the date of the contract, and the remainder of KRW 20,000,000 and annual rent of KRW 14,44,00,000 on the rent of KRW 25,00.

After October 25, 2010, the NongHyup Bank in the name of Defendant C (hereinafter “instant account”) transferred KRW 34.4 million from D’s account to D’s account.

C. On February 22, 2016, the Defendant filed an application with this court for a payment order claiming payment of KRW 34.2 million against the Plaintiff and its delay damages.

The defendant argued to the following purport through the application for the payment order.

“The Plaintiff transferred KRW 34.2 million in total to D and KRW 4.2 million in rent and KRW 4.2 million in rent and KRW 4.2 million to D to the Plaintiff by the Defendant.”

D. On March 10, 2016, this Court issued a payment order stating that “the Plaintiff shall pay to the Defendant the amount of KRW 34.2 million with 15% interest per annum from the day following the delivery of the original copy of the payment order to the day of full payment” (hereinafter “instant payment order”).

On March 18, 2016, the Plaintiff was not served with the original copy of the instant payment order, and the instant payment order was finalized on April 2, 2016.

[Reasons for Recognition] Partial disputes; Gap evidence No. 1; Eul evidence No. 2; Boli Tax Office's taxation information reply; The No. 1 of the Nonghyup Bank's financial transaction information reply; and the facts shown to this court

2. The plaintiff's assertion

A. At the time when the Plaintiff and C were married, the instant account was opened in the name of the Defendant and used for the main business, etc., and thus, KRW 34.4 million was transferred from the instant account to D, and D was the Plaintiff’s store.