1. The Defendant’s original copy of the order of payment with executory power of No. 2014j. 60 for the Daejeon District Court for the Plaintiff A.

1. In order to seek payment of KRW 58,649,90 for the purchase price of goods against Plaintiffs and Non-Party D Co., Ltd. (hereinafter “Non-Party D”), the Defendant filed an application for the payment order with Daejeon District Court Branch Branching 2014 tea60 on February 3, 2014, the said court issued the instant payment order (hereinafter “the instant payment order”) with the purport that “Plaintiffs and D jointly and severally paid KRW 58,649,90 and delay damages therefor to the Defendant,” and the said payment order was finalized on March 25, 2014.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. The parties' assertion

A. Since the claim for the purchase price of goods, which is the cause of applying for the payment order of this case, is not against the defendant's non-party company's claim for the purchase price of goods against the defendant's non-party company, the plaintiffs are not eligible to perform the above obligation individually, and there is a serious defect in the existence of the claim that is the cause

B. Although the defendant non-party company has the external form of a legal entity, in substance, the plaintiffs are obligated to pay the price for the goods to the family company operated by the plaintiffs, which is its formal or substantial representative, and the plaintiffs agreed to perform the price for the goods based on the payment order of this case verbally.

3. Determination

(a) In the case of a final payment order, if the payment order is issued, the reason for failure or invalidation, etc. which occurred before the payment order was issued may be asserted in a lawsuit of objection against the payment order with respect to the claim which became the cause of demanding the payment order;

B. Even in accordance with the plaintiff A's evidence No. 1, the claim that was the cause of the application for the payment order of this case is the product price claim that the defendant supplied to the non-party company and was not paid to the non-party company, and there is no agreement that the plaintiff A personally assumes the obligation to pay the above product price.