1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On April 6, 2007, the loan certificate was drawn up with the purport that the Plaintiff, C, and D borrowed KRW 150 million from the Defendant at the maturity of six months from the date of repayment and six months from the date of repayment of the loan.

B. The Defendant applied for a payment order against the Plaintiff, C, and D seeking the payment of principal and interest pursuant to the above loan certificate as the High Government District Court Decision 2009Da3625, Jul. 31, 2009, and the Defendant received the payment order (hereinafter “instant payment order”) against the Plaintiff, C, and D, for the payment of the principal and interest pursuant to the above loan certificate.

C. The Plaintiff did not object to the above payment order, and the payment order against the Plaintiff was finalized as it is.

C and D have raised an objection to the above payment order, and the lawsuit was pending in order to 2009 Ghana 11273 for the High Government District Court's High Court's High Court's High Court's High Court's High Court's High Court's 23 April 2010.

[Ground of recognition] Evidence Nos. 1 and 2 and Evidence Nos. 1 and the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that compulsory execution based on the payment order of this case against the plaintiff should be denied for the following reasons.

1) The above KRW 150 million was not used by the Plaintiff, but used KRW 130 million by E, and KRW 20 million by C. On March 5, 2010, the Defendant agreed upon the repayment from the Plaintiff, and the Defendant’s obligation to the Defendant was entirely extinguished. 2) The Defendant exempted the Plaintiff from the obligation to the Plaintiff, and is not so.

Even if the defendant is exempted from the obligation to C and D, the effect of the exemption extends to the plaintiff.

In addition, F has discharged the obligation of the Plaintiff et al. against the Defendant.

3) The money recorded in the loan certificate is not borrowed by the Plaintiff, but is not jointly borrowed by the Plaintiff, C, and D. Thus, the Plaintiff is obliged to pay 1/30,000 of the loan certificate in accordance with Article 408 of the Civil Act. B. 1) The purport of the Plaintiff’s statement in subparagraph 3-1 and 2 and the entire argument is as follows.