1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. The Defendant applied against the Plaintiff for a payment order as Seoul Southern District Court 2015 tea64200.

On December 11, 2015, the above court issued an order to pay to the Defendant for delay damages and expenses for demand procedure at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”). On December 16, 2015, the instant payment order became final and conclusive on December 31, 2015 as the Plaintiff received the above order and did not raise an objection.

B. The ground for applying for the instant payment order was that “the Defendant supplied the Plaintiff with yellow bonds up to June 11, 2015, but did not receive the purchase price of KRW 135,611,920, totaling KRW 92,400 and KRW 30,000 in Korean won,” which was “The Defendant did not receive the purchase price of KRW 135,61,920.”

[Ground of recognition] A without dispute, entry of Gap evidence 2, purport of whole pleadings

2. The allegations and judgment of the parties

A. The Plaintiff’s assertion (1) The Plaintiff was only supplied 60,000 g, a quantity of container container from the Defendant, and the Plaintiff was not supplied with 22,00,000 g, which was supplied by the Defendant. As such, compulsory execution based on the instant payment order should not be allowed.

(2) After receiving the instant payment order, the Plaintiff’s payment order was served several times with the Defendant, determined the purchase price of North Korea loan as KRW 80 million, and the Plaintiff’s payment method was to transfer ownership to the Defendant an officetel equivalent to KRW 430 million. However, the Defendant agreed to provide the Plaintiff with additional payment order of KRW 130 million,00,000,000,000, which was settled with the secured debt amount of KRW 230,000 as well as KRW 80,000,000,000 as necessary for the Defendant’s transfer of ownership ( KRW 430,000 - KRW 230,000,000 - KRW 80,000). As such, the Defendant agreed to provide the Plaintiff with additional payment order of KRW 130,000,000,000,000.