1. Of the instant lawsuits, “28,989,860 won and the interest rate of 20% per annum from September 21, 2007 to the date of full payment.

1. The following facts may be acknowledged in full view of the following facts: there is no dispute between the parties; or evidence Nos. 1 and 1; and the purport of the whole pleadings.

On September 13, 2007, the Defendant filed an application with the Changwon District Court for payment order against the Plaintiff (C) equivalent to KRW 42,289,860 of the construction cost as the Changwon District Court Decision 2007 tea3656, and on September 14, 2007, the above payment order (hereinafter “instant payment order”) became final and conclusive upon receiving a payment order from the above court.

B. On January 22, 2009, the Plaintiff filed a suit of objection demanding the exclusion of executive force against the above payment order under the Changwon District Court 2007Kadan571 and was sentenced to a judgment in favor of the Plaintiff’s part of the judgment in favor of the Plaintiff that “The execution based on the payment order of this case against the Plaintiff shall not be permitted only to the part exceeding the amount calculated at the rate of 20% per annum from September 21, 2007 to the day of full payment” (the closing date of pleadings: December 11, 2008). Accordingly, the above judgment became final and conclusive by deeming the Plaintiff to have withdrawn the appeal after having been dismissed.

2. The plaintiff's assertion and judgment

A. The Plaintiff asserts that, instead of paying the remaining debt under the instant payment order, the Plaintiff may seek to exclude executory power under the instant payment order, as it transferred the instant obligation to the Defendant by transferring wind (type four large, small two large, large, large, large, large, large, large, large, large, large, and large) a facility removed by D Company upon contract, to the Defendant, which is a facility removed by D Company.

B. As to the legitimacy of the lawsuit in this part ex officio with respect to the judgment on the winning portion in the previous judgment of the first instance, the executive force of the payment order of this case with respect to "28,989,860 won and the portion exceeding the amount calculated by the rate of 20% per annum from September 21, 2007 to the date of full payment" was excluded by a final and conclusive judgment.

As seen above, this part of the executive force is excluded.