1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Defendant against the Plaintiff as the Daegu District Court No. 2016 tea71, March 31, 2014 to the Plaintiff

6. On January 19, 2016, the above court issued a payment order stating that “the Defendant shall pay to the Plaintiff 41,085,000 won with 15% interest per annum from the day from the day after the original copy of the payment order was served to the day of complete payment” (hereinafter “instant payment order”) by asserting that the market value of the waterproof materials was equivalent to 37,350,000 won, and applying for a payment order seeking payment of KRW 41,085,000,000, which is the sum of the above goods price and value-added tax.”

B. The instant payment order was served on the Plaintiff on January 25, 2016, and the said order became final and conclusive on February 12, 2016 due to the Plaintiff’s failure to file an objection within the objection period.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, and Eul evidence 2-2, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion 1 from March 31, 2014 to the same year by the Defendant

6. There shall be no provision of waterproof materials for ten occasions between 24.

2) However, C acquired a plant for the manufacture of waterproof materials that the Defendant operated and operated, and the Plaintiff was supplied with waterproof materials from C rather than the Defendant. Therefore, the instant payment order has no effect as a name of debt, and thus, compulsory execution should be denied.

B. Defendant’s assertion 1) Before the delivery of this case between the Plaintiff and the Defendant, there was multiple transactions between the Plaintiff and the Defendant, and at the time, the person in charge of the Plaintiff’s business and sales of the Plaintiff in the Defendant Company C. 2) C operated the Defendant Company independently after the withdrawal of the Defendant Company, and C manufactured and supplied the Defendant with the materials for waterproof control as a matter of patent related, etc., and the Defendant again sold the materials for waterproof control to the Plaintiff.

3..