The Plaintiff’s wife D received the instant payment order on January 13, 2020, and the instant payment order was finalized on January 29, 2020.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion and judgment

A. The party's assertion that the plaintiff did not request the construction of this case to the defendant, and did not prepare a standard subcontract agreement (No. 3, hereinafter "the contract of this case") for the construction business of the defendant's assertion, and the stamp image attached to the contract of this case is not based on the seal of the plaintiff, and there is no obligation for the plaintiff to pay the construction price to the defendant, so compulsory execution based on the payment order of this case should be rejected.

Around July 2019, the Defendant completed the instant stone construction project at the request of the E to the building located in the F, Chungcheongnam-si, the Plaintiff owned (hereinafter “the instant building”). Around that time, the Defendant received the instant contract from the Plaintiff. The Defendant has the claim for the construction cost as to the instant construction project against the Plaintiff. Even if the Plaintiff did not prepare the instant contract, the Plaintiff is a weather person, such as the instant building, and even if he was well aware of the circumstances such as the Plaintiff’s payment of the down payment for the instant construction, the Plaintiff did not raise an objection against the instant construction, and even if he was well aware of the fact that the Plaintiff was in a close relationship with the Plaintiff as the actual owner of the instant building, and confirmed the act of acting as a representative of G’s non-exclusive authority, such as the Plaintiff’s extension of the payment deadline.