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

A. C Co., Ltd. (hereinafter “C”) had the amount equivalent to KRW 26.5 million of the construction price claim in relation to the new construction of the D-based building that had completed the approval of use on September 8, 2003 against the Plaintiff.

B. On October 30, 2004, C transferred 20 million won out of the above claim for construction price to the Defendant, and on November 4, 2004, C notified the Plaintiff of the transfer of the above claim by means of content-certified mail.

C. On December 28, 2004, the Defendant filed a payment order against the Plaintiff (hereinafter “instant payment order”) stating that “the Defendant was supplied with ready-mixed and was issued with a bill in return for payment, but the said bill was in default.” Accordingly, the Defendant filed an application with the Incheon District Court for payment order under the Incheon District Court Decision 2004Guj42081, and the said court rendered a payment order on December 28, 2004, stating that “the Plaintiff shall pay to the Defendant the amount of KRW 20 million and the amount calculated at the rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”). The instant payment order was finalized on May 17, 2005.

Based on the instant payment order, the Defendant filed an application for the attachment and collection order against the Plaintiff with the Incheon District Court 2015TTT13160, and the said court issued the attachment and collection order, which is the garnishee E and F Co., Ltd., with the amount claimed on May 27, 2015 (i.e., the principal amount of KRW 59,945,205 (i.e., KRW 20 million) calculated at the rate of 20% per annum from May 17, 2005 to May 11, 2015 (i.e., KRW 39,945,205).

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 4 (including each number in the case of additional evidence) and the purport of the whole pleadings

2. The assertion and judgment

A. The gist of the Plaintiff’s assertion was the contract for the construction of a new building to C around 2003, but the said contract price was fully paid.

In addition, the Plaintiff does not receive the notification of assignment of claims.

Therefore, there is no claim under the payment order of this case.