A. On June 19, 2012, Defendant B Co., Ltd. (hereinafter “Defendant Company”) filed an application for a payment order seeking payment of KRW 35,700,000 against the Plaintiff with the Incheon District Court Branch Branch 201,2302, and received an order for payment from the above court (hereinafter “instant payment order”) on June 21, 2012.

B. However, on June 20, 2012, Defendant C, the representative director of the Defendant Company at the time, prepared and sent to the Plaintiff a letter stating that “I will not incur monetary or (including debt) any liability after this hour.”

C. The above payment order was served on July 16, 2012 on the Plaintiff, and the Plaintiff received the above written statement from Defendant C, and the documents delivered by Defendant C from the lower court to withdraw the application for the payment order of this case are teared, and the Plaintiff believed the horses of Defendant C and did not raise an objection against the above payment order.

On August 17, 2012, after the payment order of this case became final and conclusive, the Defendant Company submitted a written withdrawal of the lawsuit to the above court.

E. In addition, on April 18, 2013, from the qualification of representative director of the defendant company, the defendant C prepared a letter of statement that "if the defendant company later claims against the plaintiff for a claim or for a separate reason against the plaintiff based on the above payment order, it will pay consolation money and compensation for damages and be subject to criminal punishment for conflict, intimidation, etc." to the plaintiff on April 18, 2013.

F. Nevertheless, on June 5, 2013, upon the instant payment order, the Defendant Company requested the Incheon District Court’s Branch Branch Branch 2013TT 6605, and collected KRW 6,15,936 from the Industrial Bank of Korea, which was the third debtor, to collect the amount of KRW 6,15,936.

G. The Plaintiff filed an objection against the Defendant as the Busan District Court Branch 2013Gadan21552.