The defendant's Republic of Korea District Court against the plaintiff is the Namyang-si Court of the Republic of Korea.

A. The Defendant filed an application with the Plaintiff and B for a payment order stating that “The obligor (Plaintiff and B) shall jointly and severally pay to the obligee (Defendant) 86,869,620 won and the amount calculated by the rate of 20% per annum from the next day of the delivery of the original payment order to the day of complete payment.”

B. On April 13, 2015, the above court issued the payment order as above (hereinafter “instant payment order”) and the instant payment order became final and conclusive as it did not raise an objection despite the Plaintiff being served with the original copy of the payment order.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff requested B to construct a sub-building (hereinafter “instant building”) on the ground (hereinafter “Plaintiff-owned land”).

The above Corporation was responsible for both B and the Defendant was involved in goods supply transaction with B and there was no transaction with the Plaintiff.

Therefore, the plaintiff does not bear any obligation against the defendant, so compulsory execution based on the payment order of this case should be dismissed.

B. In light of various circumstances, including the fact that both the Plaintiff and B built the instant building and sold it in lots, and divided the benefits therefrom, the Plaintiff and B are joint business operators, and the Plaintiff are jointly and severally liable to pay the unpaid goods to the Defendant.

3. Determination

A. The final payment order does not have res judicata and the obligor may file a lawsuit of demurrer on the grounds that it was before the payment order becomes final and conclusive, such as the absence of a claim (Article 58(3) of the Civil Execution Act). In the case where the obligor filed a lawsuit of objection by asserting the absence of a claim, the obligor filed a lawsuit of objection against