1. The defendant's case for the construction cost of the Daejeon District Court's 2020 Asan District Court's 2020 Asan District Court's 34938 case against the plaintiff.

1. Basic facts

A. The Plaintiff was awarded a contract with C Co., Ltd. (hereinafter “C”), and the Defendant was awarded a contract with the Plaintiff for the “D Corporation” during the foregoing construction work, and the instant construction work was performed from October 2019 to December 2019 by entering into a contract with the Plaintiff for the “D Corporation for the Iron-dong and Coal Loading Electricity and Unloading Electric Construction Work” (hereinafter “instant construction work”).

B. On June 29, 2020, the Defendant filed a lawsuit against the Plaintiff on July 13, 2020 against the Daejeon District Court 2020 Acheon District Court 34938 (hereinafter “related case”), and as to the related case, the Plaintiff was confirmed on July 28, 2020 by the above court that “the Plaintiff shall pay to the Defendant 29,337,000 won and the amount equivalent to 12% per annum per annum from the day after the copy of the complaint was served to the day of complete payment” (hereinafter “decision on the execution recommendation of this case”). The decision on the execution recommendation of this case was finalized as is July 28, 2020.

[Ground for recognition] Unsatisfy, Gap evidence No. 1 (including a case with a branch number; hereinafter the same shall apply), the purport of the whole pleadings

2. The gist of the plaintiff's assertion has paid all the construction price of this case to the defendant. Since the defendant's claim against the plaintiff stated in the decision of recommendation of execution of this case exists, compulsory execution based on the decision of recommendation of execution of this case shall be dismissed.

3. Determination

A. In the case of a payment order finalized on October 2019 and on November 2019, with respect to each period of construction work in the part of the construction project on November 2019 and each period of construction work in the part of the construction project on November 2019, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order. The burden of proof as to the grounds for objection in the lawsuit of objection against the payment order shall be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, it is against the finalized payment order.