C Co., Ltd., a representative director of the Plaintiff, was awarded a subcontract for the construction of a factory and office of the F Co., Ltd. in the Kim Jong-si Corporation (hereinafter “instant construction”).

From September 20, 2016 to October 1, 2016, the Defendant provided human resources, such as tree trees and general catch, at the instant construction site.

On July 2, 2018, the Defendant filed an application with the Plaintiff for a payment order seeking payment of the remaining labor cost of KRW 5,140,000 (hereinafter “instant labor cost”) due to the supply of the said human resources as the Jeonju District Court subsidies 2018Hu232 (hereinafter “instant labor cost”) and damages for delay.

On July 4, 2018, the Jeonju District Court rendered a payment order (hereinafter “instant payment order”) stating that “the Defendant shall pay to the Plaintiff the amount of KRW 5,140,000 and the expenses for demand procedures at the rate of 15% per annum from the day following the day of service of the original copy of the instant payment order to the day of full payment.” The instant payment order was finalized because the Plaintiff did not raise any objection thereto.

[Reasons for Recognition] Facts without dispute, Gap 1, 5 evidence, Eul 1 evidence, each entry in this court, significant facts, and the plaintiff's assertion of the purport of the whole pleadings, the gist of the plaintiff's assertion of the purport of the whole argument, is not the plaintiff's individual debt, but the plaintiff's debt of Eul, which was a representative director, execution based on the payment order of this case should be rejected.

Since the defendant provided labor according to the direction of the plaintiff's summary of the defendant's assertion, and C made a report of business closure, the plaintiff must pay labor costs to the defendant according to the payment order of this case.

Judgment

In the case of a final and conclusive payment order, the reason that the payment order was not established or invalidated before the issuance of the payment order can be asserted in the lawsuit of objection against the payment order, and the reason that the objection to the claim is raised in the lawsuit of objection.