1. The Defendant’s payment order against the Plaintiff is based on the Seoul Central District Court Order 2016Hu277983 dated August 5, 2016.

1. Basic facts

A. C. A.D. (formerly before the change: D.) on January 24, 1997, extended a loan of KRW 20,000,000 to E with interest rate of KRW 15% per annum and due date of payment on January 24, 1998 (hereinafter “instant loan”).

Plaintiff

E has jointly and severally guaranteed the debt of E with respect to C Cooperatives.

B. Upon the non-performance of the obligation of the instant loan, C.C. filed an application with the Daejeon District Court for the payment order against E and the Plaintiff, etc. for the payment order of the principal and interest of the instant loan under the Seosan Branch of the Daejeon District Court 98 tea1043 on August 3, 1998. The above court issued the payment order on August 5, 1998 (hereinafter “the first payment order”), and the above payment order on February 3, 1999 became final and conclusive.

C. On June 28, 2013, C Cooperatives transferred the principal and interest interest claim of this case to the Defendant, and notified E of the assignment of claims on the same day.

On July 27, 2016, the Defendant applied for a payment order against E and the Plaintiff, etc. as Seoul Central District Court 2016 tea277983 with respect to the instant loan, and the said court issued the payment order on August 5, 2016 (hereinafter “instant payment order”), and the said payment order on January 14, 2017 became final and conclusive.

[Reasons for Recognition] Unsatisfy Facts, significant facts in this court, Gap evidence Nos. 1, 2, 4, and 6, the purport of the whole pleadings

2. Determination as to the cause of action

A. Article 445 of the former Civil Procedure Act (amended by Act No. 4201, Jan. 13, 1990; Act No. 6626, Jan. 26, 2002; Act No. 6626) does not recognize the same effect as that of a final and conclusive judgment. However, Article 3 of the Addenda of the current Civil Procedure Act (amended by Act No. 6626, Jan. 26, 2002) is amended to recognize the same effect as that of a final and conclusive judgment. However, Article 3 of the Addenda of the current Civil Procedure Act (amended by Act No. 6626, Jan. 26, 2002; this Act also applies to the matters that occurred prior to the enforcement of this Act. However