1. The Defendant’s payment order issued on July 5, 201 in Seoul Central District Court Decision 201 tea52935 against the Plaintiff.

1. Basic facts

A. The Defendant filed a claim against the Plaintiff and C for a loan with the Seoul Central District Court No. 201j52935, Jul. 5, 2011, the said court issued a payment order (hereinafter “instant payment order”) stating that “The Plaintiff and C jointly and severally paid the Defendant 50,000,000 won and the amount calculated at the rate of 5% per annum from July 1, 2006 to the date of delivery of the original copy of the above payment order, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”).

The instant payment order was finalized on July 26, 2011.

B. The ground for the claim for the instant payment order was that “the plaintiff and C have prepared to the defendant a written confirmation that D will make installment payments for three months from April 2006 to June 2006 without any condition regarding KRW 50,000,000 borrowed from March 9, 2003.”

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 5, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The plaintiff's assertion 1) The plaintiff did not have paid the debt to the defendant on behalf of the plaintiff D, and did not have signed the confirmation document with such contents. As such, the payment order of this case is issued and finalized with respect to the non-existent claim. Therefore, compulsory execution based on the payment order of this case shall not be permitted. Accordingly, on April 27, 2005, the defendant lent KRW 20,000 to C in accordance with the plaintiff's proposal of the plaintiff's wife, and was issued with a confirmation letter that he will divide the debt to D from the plaintiff and C into three months.

The defendant submitted the above certificate as evidence and applied for the payment order of this case, and the payment order of this case became final and conclusive because the plaintiff did not raise any objection. It is unreasonable to deny the contents stated in the above certificate.

B. In the case of a payment order for which relevant legal principles were finalized, the payment order was issued before the issuance of the payment order with respect to the claim that became the cause of the claim for the payment order.