1. The Defendant’s payment order for the collection money was based on the payment order for the collection money in the Suwon District Court Decision 2018 tea 2003.

1. Facts of recognition;

A. On December 29, 2017, the Defendant filed an application for a seizure and collection order against the Defendant’s claim for the instant construction payment and collection order against the Defendant E Company (hereinafter “E”), based on the executory order for the payment order for the goods payment case, the Suwon District Court Decision 2012ja853, the Seoul District Court Decision 2017Ma10598, the Seoul District Court Decision 635,294,897, and the damages for delay against the Plaintiff (hereinafter “instant construction payment”). On December 29, 2017, the above court determined the seizure and collection order for the instant claim for the construction payment, and around that time, the above order for seizure and collection (hereinafter “instant collection order”) became final and conclusive.

B. On October 8, 2018, based on the instant collection order, the Defendant filed an application against the Plaintiff for a payment order claiming for the payment of the collection amount of KRW 28,888,606 with the Suwon District Court, Osan District Court 2018 tea2003, and damages for delay. On October 29, 2018, the said court issued the payment order ordering the payment of the said money (hereinafter “instant payment order”), and the said payment order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap's evidence 2, Gap's evidence 3, Gap's evidence 6, Gap's evidence 7, the purport of whole pleadings

2. Determination

A. After the date of the closing of argument in the instant case, the Defendant submitted a preparatory document stating the purport that “The Plaintiff’s claim in the instant case should be dismissed or dismissed on the ground that there were several recommendations for seizure including the Defendant on October 4, 2018, the Plaintiff deposited for enforcement with 1,135,364,096 Incheon District Court Branch of the Incheon District Court on the grounds of the competition of several recommendations for seizure including the Defendant, and that the Plaintiff received all of the claims in the process of distributing the said deposit to the Busan District Court Branch of the Busan District Court.”

However, the repayment through the above distribution procedure is performed by the Suwon District Court, the Incheon District Court, 2012j.853.