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1. The defendant's decision of Busan District Court Branch of Dong Branch of Busan District Court on February 3, 2009 (2009j690) order of payment order against the plaintiffs.
Reasons
1. Basic facts
A. On February 3, 2009, the defendant filed a lawsuit against the plaintiffs who are married couple, and received the payment order to the effect that "the plaintiffs jointly and severally pay to the defendant 89,000,000 won and 20% interest per annum from February 10, 2009 to the day of full payment" as the Busan District Court Branch Branch 2009,6900 won, and the above payment order was finalized as it is.
B. The Defendant, upon the decision of the above final payment order, received the seizure and collection order for the wage claim against the non-party 2, the non-party 2, and collected KRW 93,389,041 from the non-party 2, from May 6, 2009 to July 9, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 4, 5, Eul evidence 1 and 2 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. The plaintiff A and the defendant on March 15, 2005 claim for the payment order of this case. The plaintiff A and the defendant on March 15, 2005 claim for the payment order of this case. The loan certificate of this case as of March 25, 2008 (hereinafter "the loan certificate of this case").
(1) After drawing up the above loan certificate, the above loan certificate is reversed, and a notarial deed that makes installment payment of KRW 50 million on March 15, 2005 and KRW 700,000 on April 25, 2005 to the day of full payment (hereinafter “notarial deed of this case”).
(2) The payment order of this case is not valid in the amount exceeding 89,00,000 won in the loan loan certificate of this case. Thus, the payment order of this case is valid in the amount exceeding 50,000 won in the loan certificate of this case. The payment order of this case is based on the loan certificate of this case, and since the payment order of this case is based on the loan certificate of this case, it is effective in the payment order of this case.
B. The plaintiff B's liability is recognized.