The defendant's compulsory execution against the plaintiff is based on the payment order order 2019j59.

The Defendant filed an application for a payment order with the purport that “the Plaintiff shall pay to the Defendant 11,716,110 won and damages for delay calculated at the rate of 15% per annum from the date the payment order was served to the date the payment order was served.” The payment order issued on January 21, 2019 was served on the Plaintiff on January 25, 2019. The fact that the Plaintiff’s failure to raise an objection, which became final and conclusive on February 9, 2019, is clear for party members.

The plaintiff asserts that the non-party E was registered as a business name "F" in the name of the plaintiff and was supplied with goods from the defendant while engaging in the steel structure installation business, and that the plaintiff was not fully involved in the purchase of the goods.

According to the purport of evidence and oral argument, the plaintiff is obligated to pay the above amount of goods to the defendant as the nominal holder of the name of the plaintiff, since it is recognized that the non-party E is permitted to operate the business in his/her own name with the trade name "F" and opened a deposit account in his/her own name, and that the above E is used. The above E is a fact that the defendant was supplied with goods such as the prefabricated group, etc. from the defendant, was issued with a tax invoice in his/her name, and did not pay the amount of goods by using the account in the plaintiff's name.

However, since the defendant was partially repaid and KRW 5,000,000 remaining after the above payment order became final and conclusive, compulsory execution based on the payment order of this case shall be dismissed only for the part exceeding the above money.

Therefore, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.