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1. The defendant's payment order issued on February 20, 2009, Seoul Eastern District Court 2009 tea 965 against the plaintiff.
Reasons
1. Basic facts
A. On February 2009, the Defendant received the payment order (hereinafter in this case’s payment order) stating that “The Plaintiff shall pay 20,000,000 won to the Defendant and 20% interest per annum from November 7, 2008 to the day of full payment,” from the Seoul Eastern District Court No. 2009 tea965, Feb. 20, 2009, the Defendant applied for the payment order to the effect that the Plaintiff would pay to the Defendant the amount equivalent to E’s 2/3 portion out of the amount in the passbook.” The Plaintiff did not raise an objection within the objection period even after receiving the payment order of this case on February 26, 2009.
B. Around April 23, 2009, the Defendant issued and delivered a receipt stating that “I confirm that I received KRW 20,000,000 of the E’s equity interest from A” to the Plaintiff.
C. However, on the basis of the executory exemplification of the instant payment order on May 9, 2014, the Defendant filed an application with the Seoul Northern District Court 2014Kao3690 to request the Plaintiff to specify the Plaintiff’s property and received an order to specify the property from the above court. The Plaintiff raised an objection to the foregoing order to specify the property, but did not accept it, the Defendant appeared on September 24, 2014 and submitted the inventory to the court.
[Ground of recognition] A without any dispute, Gap evidence 1 through 3, 5, 9, Gap evidence 8-1, 2, and Eul evidence 1-1, 1-2, and the purport of the whole pleadings [the defendant denies the authenticity of Gap evidence 3 (Receipt), but Gap evidence 3 contains the defendant's name which is recognized as the defendant's writing by the result of the appraiser F's written appraisal, and the authenticity of the whole document is presumed to have been established];
2. Determination on the cause of the claim
A. The Plaintiff’s assertion is the cause of the instant claim, and the Plaintiff paid to the Defendant all obligations under the instant payment order.