1. On August 21, 2014, the Defendant’s compulsory execution against the Plaintiff based on the original copy of the payment order against the Defendant.

The grounds for the Defendant’s claim against the Plaintiff that the Plaintiff borrowed KRW 9,700,000 from the Defendant, the Plaintiff applied for a payment order of KRW 9,700,000 to the Defendant to pay the amount of KRW 9,700,000 and the delay damages therefor, and the fact that the Defendant received the same payment order on September 12, 2014 does not conflict between the parties.

The defendant alleged that the plaintiff borrowed the above money from the plaintiff in the form of passbook and thereafter did not raise any objection thereto. However, the plaintiff merely borrowed the above large amount of money from the defendant, but it is difficult to see that the plaintiff merely borrowed the above large amount of money from a middle student at the time on the sole ground as alleged by the defendant, or there is no other evidence to acknowledge it otherwise.

Only the fact that Nonparty C, the Plaintiff’s mother, borrowed the above money from the Defendant, the Defendant, and only received the money by using the Plaintiff’s passbook.

(A) The plaintiff's claim of this case seeking the denial of compulsory execution based on the original copy of the above payment order shall be decided as per Disposition on the ground of the reasons.