1. Compulsory execution based on the payment order issued on June 4, 2015, 2015 tea1857 against the Defendant’s Plaintiff was enforced against the Defendant’s Plaintiff.

1. Facts of recognition;

A. The Plaintiff purchased boiler from the Defendant, and the amount of boiler paid to the Defendant is KRW 4,393,400.

(hereinafter “instant boiler costs”). B.

On December 1, 2013, the Plaintiff agreed to partially reduce C and the instant boiler price obligations at KRW 2,300,000. On the same day, C, which was issued by proxy to the Plaintiff on November 27, 2013, issued by the Defendant’s certificate of personal seal impression, set up and issued a receipt stating “C” on December 1, 2013, stating that the said amount was “C” on December 1, 2013.

C. On December 1, 2013, the Plaintiff paid KRW 2,200,00 to C. D.

The Defendant applied for the payment order against the Plaintiff as Suwon District Court No. 2015Da1857, and on June 4, 2015, the said court received the payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 4,393,400 won and the amount equivalent to 20% per annum from the day after the original copy of the instant payment order was served to the day of full payment.” The said payment order was finalized on July 10, 2015.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 6, Eul's 1, the purport of the whole pleadings and arguments

2. The parties' assertion

A. On December 1, 2013, the Plaintiff conferred upon C the power of representation to collect the boiler price claim, and the Plaintiff paid KRW 2,300,000 of the boiler price to C, which was partially reduced or exempted by the Defendant’s agent, and received receipts from C in a sense of non-verification.

Even if the Defendant did not grant the right of representation to C, there was a justifiable reason to believe that C had the right of representation.

Although the boiler payment obligation of this case had already been extinguished, the Defendant applied for the payment order of this case and received the said payment order, compulsory execution based on the payment order of this case shall be dismissed.