1. The defendant's compulsory execution against the plaintiff was made according to the payment order of Chuncheon District Court 2006Ra387.

1. Basic facts

A. The defendant filed a claim against C, D, and the plaintiff as the principal debtor of the loan, and D and the plaintiff jointly and severally, as joint and several surety, to pay the defendant 2,00,000 won and 24% interest per annum from February 1, 1996 to the day of full payment.

B. On March 6, 2006, the above court issued a payment order with the same content (hereinafter “instant payment order”).

C. C did not serve the instant payment order on the part of the Defendant, and the instant case was initiated upon the Defendant’s filing of the lawsuit, and D filed an objection and the instant case was also pending.

As a result of the hearing of the Chuncheon District Court case 2006 Ghana13479, the defendant won all of E and D.

When applying for the instant payment order to the Plaintiff, the service was made on March 8, 2016 to the “G principal city F” that the Defendant entered the Plaintiff’s address, and the service was made on March 8, 2016, and the Plaintiff did not raise any objection against the instant payment order, which became final and conclusive on March 23, 2006.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, significant facts in this court, purport of the whole pleadings

2. Determination

A. 1) The Plaintiff’s assertion 1) The purport of the instant payment order is that the Plaintiff is jointly and severally liable to repay the loan amount to the Defendant, as the Plaintiff jointly and severally guaranteed the loan amount to the Plaintiff. However, since the Plaintiff did not jointly and severally guaranteed the loan amount to the Defendant, the Plaintiff is not liable to repay the loan amount to the Defendant. Even if the Plaintiff was jointly and severally liable to the Plaintiff, the Plaintiff’s mother D’s debt was repaid on June 10, 1996, and the obligation was extinguished. 2) The Defendant’s assertion that the Plaintiff jointly and severally guaranteed the Plaintiff’s debt with the Plaintiff’s mother D.

B. In the case of a final and conclusive payment order, the cause of the claim for the payment order is the same.