1. The Defendant’s payment order against the Plaintiff was issued on August 22, 2016 by the Suwon District Court for the payment order.

1. The following facts are not disputed between the parties, or may be acknowledged in full view of the purport of the entire pleadings in Gap evidence Nos. 1 and 3.

The Plaintiff is the representative (in-house director) of the Plaintiff Company B (hereinafter referred to as “B”).

B. On September 2013, the Defendant supplied steel materials and board materials to B and received KRW 28,642,321 out of the price from B.

C. Therefore, on July 21, 2016, the Defendant filed an application with the Plaintiff and B for a payment order against the Plaintiff, asserting that “the Plaintiff promised to pay the above goods payment obligation against the Plaintiff as an individual status,” and that “the Plaintiff promised to pay the above goods payment obligation against the Plaintiff.”

(2016j2660) d.

On August 22, 2016, this Court issued a payment order (hereinafter “instant payment order”) with the content that “the Plaintiff and B jointly and severally pay KRW 28,642,321 to the Defendant and delay damages therefrom,” and the instant payment order was served with the Plaintiff and B on October 3, 2016.

2. The assertion of the parties and their determination

A. The gist of the parties' arguments asserted that the payment order of this case was finalized because the plaintiff's son did not deliver the local business trip to the plaintiff after receiving the payment order of this case, but the plaintiff did not promised to pay the goods to the defendant Eul in his individual qualification. Thus, the plaintiff asserts that the execution of the payment order of this case against the plaintiff should be rejected.

In this regard, the defendant asserts that the compulsory execution based on the payment order of this case should be allowed since the plaintiff promised to pay the price of the goods to the defendant B in his individual qualification.

(b)in the case of a final and conclusive payment order, the payment order has become effective before the issuance of the payment order with respect to the claim which was the cause of the claim.