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1. The Defendant’s order based on the payment order issued by the Suwon District Court in Yangyang-gun Branch Court 2016 tea97 against the Plaintiff.
Reasons
1. Basic facts
A. On June 13, 2014, the Defendant filed an application against the Plaintiff for a payment order with the court 2016 tea97 on the ground that the Plaintiff drafted a written agreement against the Plaintiff, “The Plaintiff shall pay 6 million won per day to the Defendant up to 4 million won by the end of July, and the 20 million won shall be paid over one year and 1 year and 2 years, and all issues shall be terminated: Provided, That the Plaintiff shall pay 20 million won by subrogation to the Plaintiff on April 18, 2016, and on April 11, 2016, “the Plaintiff shall pay 20 million won to the Defendant and 15% interest per annum from the day following the delivery of the authentic copy of the payment order to the day of full payment” was issued and served on the Plaintiff on April 16, 2016 after the issuance of the payment order (hereinafter “instant payment order”).
B. The Plaintiff paid KRW 10,000,000 out of the amount under the above agreement before the payment order of this case was issued to the Defendant, and paid KRW 3,000,000 out of the amount under the above agreement on November 8, 2016, which was after the payment order of this case became final and conclusive.
[Ground of recognition] Gap evidence Nos. 2, Gap evidence Nos. 4-1, 2, 1, 2-2 and the purport of the whole pleadings
2. The Plaintiff paid KRW 2,00,000 on November 8, 2016, which was after the payment order of this case became final and conclusive, and KRW 3,00,00 on December 23, 2016, and KRW 3,000 on December 23, 2016, as seen earlier. Unless otherwise alleged, the Plaintiff and the Defendant have asserted that there was an agreement or a designated appropriation to cover the repayment amount with the principal, the payment amount should be appropriated in the order of expenses, interest, and principal (Article 479(1) of the Civil Act). As such, the payment amount should be appropriated in the order of expenses, interest, and principal (Article 479(1) of the Civil Act), ① KRW 2,00,000,000 on November 8, 2016; KRW 20,000,000 on the following day of the payment order of this case from April 19, 2016 to November 8, 2016.