1. The plaintiff's claim is dismissed.

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

1. The Plaintiff asserted that the Defendant received a contract from the Plaintiff for the construction cost of KRW 1,358,00 for the non-design and waterproof construction work of the building located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant construction work”) (i.e., KRW 19.4 square x KRW 70,000) and filed an application for the instant payment order against the Plaintiff without completing the contract, and thus, the enforcement force of the instant payment order should be excluded.

2. In full view of the statement in Gap evidence No. 1 and the purport of the entire argument as to witness Eul's testimony, the defendant ordered the construction of this case 7 million won from the plaintiff, without completing part of the floor construction work, and filed a payment order of this case against the plaintiff around September 2014, claiming the plaintiff for the payment of the remaining 6 million won after deducting one million won of the non-construction part of the construction work cost of this case from the construction cost of this case. The fact that the payment order of this case became final and conclusive on November 28, 2014 can be acknowledged. According to the above facts, the plaintiff is obligated to pay the defendant the construction cost of this case 6 million won and damages for delay corresponding to the part during the construction period of this case. Thus, the plaintiff's assertion seeking the exclusion of compulsory execution based on the payment order of this case is without merit.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.