The defendant's order for payment with executive force of the contract deposit case against the defendant in Daegu District Court 2015 tea 2077.

Basic Facts

A. From February 16, 2012, the Plaintiff was registered as the representative director in the corporate register of D Co., Ltd. (hereinafter “D”) practically operated by the Plaintiff’s partner C (hereinafter “D”).

B. On February 19, 2014, the Defendant received a payment note from D that “to pay KRW 55,000,000 to the accounts payable out of the accounts payable out of the construction cost of damp-type E-Building among the construction cost of the building constructed in Yeongdeungpo-si” (hereinafter “instant payment note”) from D.

In the joint and several sureties column of the above payment note, each name, address, and resident registration number of the plaintiff and C are printed, and the plaintiff and C seal are affixed to each name. The above seal was affixed to both the plaintiff and C.

C. On August 3, 2015, the Defendant filed an application with the Plaintiff for a payment order claiming payment of KRW 55,000,000 as joint and several surety obligation under the instant payment note, which was due to the repayment of joint and several surety obligation under the instant payment note, and was issued a payment order with the same content as the purport of the instant application, and the said payment order became final and conclusive on August 21, 2015 due to the Plaintiff’s receipt of the original copy and the Plaintiff’s failure to raise an objection.

(hereinafter referred to as “instant payment order”). [The grounds for recognition] The fact that there is no dispute, Gap evidence Nos. 2, 4, and 5, Eul evidence No. 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The Plaintiff’s assertion did not have prepared and executed a written statement of payment in this case to the Defendant, and thus, the Defendant did not bear the joint and several liability, even if the joint and several liability was incurred, the said obligation was omitted without any negligence and the exemption decision was rendered pursuant to the Debtor Rehabilitation and Bankruptcy Act, so compulsory execution based on the payment order in this case shall be

B. In the case of a payment order for which relevant legal principles have become final and conclusive, the grounds for failure, invalidation, etc. occurred prior to the issuance of the payment order with respect to the claim which became the cause of the claim for the payment order are raised in the lawsuit of objection against