1. The Defendant’s order for payment is based on the payment order issued by Suwon District Court 2014 tea 3806, Suwon District Court 2014.

1. Facts of recognition;

A. The Plaintiff entered into a contract of carriage of goods with the Defendant (hereinafter “instant contract of carriage of goods”). From around 2011 to around 2013, the Defendant transported the goods requested by the Plaintiff in accordance with the instant contract of carriage of goods, and issued a tax invoice according to the said transaction to the Plaintiff. The total amount of transportation cost therefrom is KRW 87,153,00 (including surtax).

B. As the Plaintiff did not fully pay the aforementioned transport cost, the Defendant asserted that the unpaid transport cost of the Plaintiff was KRW 20,080,000, and filed an application with the Plaintiff for payment order against the Plaintiff seeking payment of the said unpaid transport cost with the Sungnam-si Gwangju District Court 2014j3806, Sungnam-si, Gwangju District Court, and received the payment order from the above court on February 27, 2015 (hereinafter “instant payment order”).

The instant payment order was finalized around that time.

C. However, from March 1, 201 to the date of the instant payment order, Plaintiff 82,223,000 won was paid to the Defendant, and KRW 1,000,000 was paid to the Defendant on May 22, 2015, which was after the instant payment order was finalized.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 3 through 12, the purport of the whole pleadings

2. Determination

A. According to the above facts as to the Plaintiff’s assertion, the Defendant’s claim for transportation expenses against the Plaintiff is recognized as limited to KRW 3,930,00 (i.e., KRW 87,153,00 in - KRW 82,223,00 in - KRW 1,000 in - KRW 1,00 in - 00 in - there is no particular dispute as to the amount of unpaid transportation expenses) and damages for delay (see, e.g., res judicata effect on the payment order). Meanwhile, in a case where a claim objection is accepted due to the failure or extinguishment of part of the claim that occurred prior to the issuance of the payment order in a lawsuit of objection raised for the purpose of excluding the executory power as to the payment order, it constitutes a considerable case where a dispute is raised as to the existence or scope of obligation to perform the claim