1. The defendant's payment order against the plaintiff is based on the order of payment from the Hamyeong-gun District Court 2007Ka108.

1. Final payment order;

A. On October 31, 2006, the Defendant entered into a contract with C and the Plaintiff, the contractor for the new construction of the D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based D-based (hereinafter “instant building”) with the contractor for the contract for the construction cost of KRW 5,800,000 (hereinafter “instant construction contract”), and did not receive the construction cost, and filed an application for payment order against C and the Plaintiff for payment order against the Gwangju District Court Decision 2007j108.

B. On March 30, 2007, the above court issued a payment order (hereinafter “instant payment order”) stating that “C and the Plaintiff jointly and severally paid 5,800,000 won and 20% interest per annum to the Defendant from the day after the original copy of the instant payment order was served to the day of complete payment.” On April 3, 2007, the instant payment order was finalized on April 18, 2007 after the Plaintiff received the instant payment order.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted not only that the instant construction contract was not a party to the instant construction contract, but also that the instant construction contract amount was fully paid on July 21, 2016 by the evidence statement stating that the Plaintiff was fully paid.

B.

The Plaintiff asserted with C, together with C, as a party to the instant construction contract, or assumed the obligation under the instant construction contract.

3. Determination

A. In the case of a payment order for which relevant legal principles have become final and conclusive, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of demurrer against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). The burden of proving the grounds for objection in the lawsuit of objection shall also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, final and conclusive.