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

A. On March 2013, the Plaintiff received a decision on provisional seizure of claim No. 2013Kadan1285 (hereinafter “decision on provisional seizure of claim”) from the Suwon District Court as to KRW 30,000,000 among the claim for construction price against the Defendant by the same development and construction company (hereinafter “non-party company”), and the said decision was served on the Defendant around that time.

B. Around March 2013, the Plaintiff filed a lawsuit against the non-party company seeking payment of KRW 65,476,716 for the goods price of KRW 2013da10390. On November 18, 2013, the Plaintiff and the non-party company in the said lawsuit entered into a mediation to the effect that “the non-party company shall pay KRW 50,000,000 to the Plaintiff in three installments, and KRW 16,00,000,000 until December 10, 2013, and KRW 17,00,000,000 until January 10, 2014, and KRW 17,00,000 until February 10, 2014, the Plaintiff shall waive the remaining claims.”

C. On November 28, 2014, the Plaintiff issued a collection order (hereinafter “the collection order of this case”) against “the claim amounting to KRW 59,816,841 (29,81 won) out of the claim amount of the construction cost claim that the Defendant shall pay to the non-party company according to the contract for construction works for medical facilities on the building site B in Goyang-gu, Suwon-si under the contract for construction works (hereinafter “instant construction works”) with the Suwon District Court Branch of Suwon-si branch of the Suwon-si District Court as the executive title of the executory exemplification of the conciliation protocol in the above case No. 2013 group 10390,000 (29,816,841 won).” The above order was served to the Defendant around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The plaintiff's summary of the plaintiff's assertion is claiming the defendant to pay 59,816,841 won and damages for delay according to the collection order of this case.

(b) In a judgment-making suit, the existence of a claim to be collected is a requisite fact and the burden of proof is a collection creditor.