1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On January 18, 2013, the Defendant filed an application with the Chuncheon District Court for a payment order as KRW 6630,000,000 for the remainder of the amount of goods supplied to the Plaintiff on or around September 18, 2011 and damages for delay thereof.

B. On February 5, 2013, the instant payment order became final and conclusive on February 20, 2013 due to the Plaintiff’s failure to raise an objection within two weeks after being served with the instant payment order issued by the said court.

[Ground of recognition] Facts without dispute, purport of whole pleading

2. The assertion and judgment

A. The Plaintiff’s assertion that there was no provision of goods from the Defendant around September 2011.

The Defendant only supplied goods to the “Tho Construction Co., Ltd., a separate company from the Plaintiff.”

B. In the case of a final and conclusive payment order, the grounds for failure or invalidation that occurred prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim which was the cause of the claim of the payment order, and in the case of a demurrer against the claim of the payment order, the plaintiff asserts that the claim of the defendant was not constituted, the defendant is liable to prove

(See Supreme Court Decision 2010Da12852 Decided June 24, 2010). No evidence exists to prove that the Defendant supplied the goods to the Plaintiff on or around September 201. Rather, in full view of the overall purport of the pleadings, the Plaintiff and the Defendant appears to have supplied the goods to the Taeho Comprehensive Construction Company, a separate legal entity.

Therefore, compulsory execution of the instant payment order based on the premise of the existence of the Defendant’s claim against the Plaintiff cannot be permitted.

3. The plaintiff's claim for conclusion must be accepted on the ground of the reasons.

The judgment of the first instance is just in conclusion, and the defendant's appeal is dismissed.