A. On May 30, 2017, the fact of recognition (1) C Co., Ltd. (hereinafter “Nonindicted Bank”) filed an application with the Plaintiff for a payment order seeking payment of the credit card use price.

Accordingly, the Seoul Central District Court rendered a payment order (hereinafter “instant payment order”) with respect to KRW 15,059,036 and KRW 13,037,617 to the Plaintiff from May 16, 2017 to the date of full payment, with respect to KRW 24.9% per annum from May 16, 2017 to the date of full payment. This was finalized on June 22, 2017.

(2) The Defendant acquired the above claim against the Plaintiff from the non-party bank, and obtained an execution clause for succession to the instant payment order, and applied for a compulsory auction on the land owned by the Plaintiff as an enforcement title, and on November 19, 2019, rendered a decision to commence compulsory auction as D on November 19, 2019.

(3) On August 3, 2020, the Plaintiff deposited KRW 24,330,950,000, including the total amount of the debt under the instant payment order and the total amount of KRW 23,229,399, and the above auction cost, KRW 1,101,51.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5, purport of whole pleading

B. According to the above facts of recognition, the defendant's claim against the plaintiff according to the payment order of this case can be seen as extinguished by payment.

Therefore, compulsory execution based on the payment order of this case against the plaintiff should be rejected.

2. Conclusion, the plaintiff's claim of this case is justified.