1. The defendant's order for payment against the plaintiff in Seoul Central District Court No. 2020, 192505 against the plaintiff is authentic.

1. The facts of recognition are as follows: (a) the Defendant filed a payment order against the Plaintiff on March 26, 2020 with the Plaintiff for the payment order of 12% per annum from the day following the delivery date of the payment order to the day of full payment; and (b) the Defendant issued the payment order of March 26, 2020 (hereinafter “payment order of this case”) on March 26, 2020 on the ground that the Plaintiff did not raise any objection against the Plaintiff’s actual waterway transaction with the Plaintiff’s account and transferred 4,50,000 won to the Plaintiff No. 20 times from March 10, 2020 to March 19, 2020; and (c) the Defendant did not have received the payment order of this case from the Plaintiff as the result of the Plaintiff’s transfer of money from the Plaintiff to the Plaintiff Co., Ltd., the Plaintiff did not have any dispute against the Plaintiff.

2. In the case of a final and conclusive payment order, the grounds for failure, invalidation, etc. that occurred prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). According to the above facts, it is evident that there was no benefit of the Plaintiff due to the Defendant’s above remittance, and therefore, the unjust benefit that was entered in the grounds for the claim of the payment order of this case was established.

subsection (b) of this section.

Therefore, compulsory execution based on the original copy of the instant payment order shall not be permitted.

3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim is reasonable.