The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

1. Basic facts

A. On February 5, 2015, the Plaintiff borrowed KRW 6,570,00 from the Defendant (hereinafter “the instant loan”). B. On July 5, 2018, the Defendant filed an application with the Plaintiff for payment order seeking payment of the instant loan amount of KRW 6,570,000 against the Plaintiff as the Defendant’s 2019 heading 1018, the Suwon-do-Support 2019 heading, the Suwon-do-Support 1018.

(c)

On August 2, 2018, an order for payment (hereinafter “instant order for payment”) was issued on August 2, 2018, stating that “The debtor (the plaintiff in this case) shall pay to the creditor (the defendant in this case) the amount of KRW 6,570,000 calculated at the rate of 15% per annum from the day following the day when the original copy of the instant order for payment was served to the day of full payment, and the expenses for demand procedure will be paid KRW 61,700 per annum.” The above order for payment was served on the plaintiff’s domicile on August 9, 2018, and was finalized on August 24, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. The Plaintiff’s assertion is the Plaintiff’s spouse C, and the Plaintiff’s borrowed money from the Defendant was the amount that the Defendant had to complete to Nonparty D.

C around July 2019, upon request of E, who is well aware of the loan of this case, “The delivery of KRW 6,570,000 to D, the Defendant’s creditor,” and E, who delivered the above KRW 6,570,000 to D, the Plaintiff paid the loan of this case by paying the Defendant’s debt.

Therefore, the defendant's compulsory execution against the plaintiff should be denied.

3. Determination

A. The plaintiff asserts that the payment order of this case was delivered lawfully to the address on the plaintiff's resident registration, but the plaintiff does not receive the above payment order because he resides in Ansan City at that time.

A lawsuit of demurrer against a claim shall be filed with respect to the claim indicated in the executory title, such as a final judgment rendered by the debtor.