A. The Defendant against the Plaintiff and C at the Ulsan District Court on August 21, 2018 (referring to the Defendant);

For the purposes of this paragraph:

3) The debtor means the plaintiff and C;

For the purposes of this paragraph:

(2) The U.S. District Court 2007da2968 filed a lawsuit against B against the Ulsan District Court 2007da2968, and in the above case, “the debtor shall pay 47,000,000 won to the creditor and damages for delay.” The debtor filed an application for a payment order for the extension of the extinctive prescription of the claim against the above judgment. B. U.S. District Court on August 23, 2018, “The plaintiff and C jointly and severally filed with the defendant 47,00,000,000 won, and interest calculated at the rate of 20% per annum from September 4, 2005 to March 1, 2008, and from the following day to the date of full payment,” the U.S. payment order (the U.S. District Court 2018Da26222, hereinafter “the loan”).

On October 6 of the same year, the instant payment order was issued, and it became final and conclusive as it is.

2. The assertion and judgment

A. In the decision of the Ulsan District Court 2007Kadan29668 Decided October 24, 2008, the summary of the Plaintiff’s assertion was sentenced to dismissal of the Defendant’s claim against the Plaintiff, along with the content that “C pays KRW 47 million to the Defendant and its delay damages.” The above decision became final and conclusive.

Nevertheless, the defendant's judgment in favor of the plaintiff is final and conclusive, and the payment order in this case becomes final and conclusive. Since the payment order in this case is based on the false cause of claim, compulsory execution based thereon should be dismissed.

B. In the case of a final and conclusive payment order, the reason why the payment order was not established or invalidated before the issuance of the payment order with respect to the claim which became the cause of the claim.