1. All of the plaintiff's claims are dismissed.

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

1. Facts of recognition;

A. The Plaintiff is an incorporated association established for the purpose of the establishment of a self-support base for the physically disabled, and has 16 City/Do welfare councils across the country, including the Welfare Association for the physically handicapped, as a branch association under its jurisdiction, and completed the registration of the matters concerning the “branch” in the corporate register.

B. The Defendant transferred the right to license for the intermediate waste disposal business to the Welfare Association of the Disabled in Chungcheongnam-do under the Plaintiff’s control, and received the transfer price of KRW 250 million from the transfer price, but did not receive KRW 130 million from the transfer price. Accordingly, the Defendant filed a payment order seeking payment against the Plaintiff to the effect that “the Plaintiff shall pay to the Defendant the amount of KRW 130 million and damages for delay calculated at the rate of 15% per annum from the day after the original copy of the instant payment order was served to the day of full payment (hereinafter “instant payment order”).

C. The Defendant received the claim attachment and collection order (amounting to KRW 131,812,098) from the Seoul Southern District Court 2017TTT District Court 2017TTTTTT13604 against the deposit claim held by the Plaintiff against the NongHyup Bank Co., Ltd. based on the instant payment order, and collected KRW 131,812,089.

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

2. The assertion and judgment

A. On the Plaintiff’s primary assertion (1) The Plaintiff asserts that the Defendant transferred the intermediate waste disposal business license to the Plaintiff, rather than the Plaintiff, is a physical welfare council for the disabled, Chungcheongnam-do, and that the Defendant’s obligor is also a physical welfare council for the disabled, Chungcheongnam-do, who is obligated to pay the unpaid transfer price of KRW 130 million. Therefore, the Defendant issued the instant payment order against the Plaintiff without any relevant legal cause, and collected KRW 131,812,089 from the Plaintiff’s deposit without any legal cause.