1. Compulsory execution against the Plaintiff by the Defendant based on the payment order for the acquisition money case in the court 2009 tea 32164.

1. Basic facts

A. On November 24, 2009, the Defendant filed an application against the Plaintiff for the payment order seeking the payment of the acquisition amount under the court 2009 tea32164, and on November 25, 2009, the court issued the payment order with the Defendant on November 25, 2009 (i.e., 46,00 won for laves (498,390 won for laves) and the payment order with the content that the Defendant would pay the Plaintiff the amount calculated at the rate of 20% per annum from December 29, 2009 to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized on January 12, 2010.

B. On October 10, 2019, the Defendant issued a seizure and collection order on the Plaintiff’s deposit return claim against D and E Co., Ltd. with the Jung-gu Government District Court 2019TT11776 as the executive title of the instant payment order and received the seizure and collection order from the above court on October 15, 2019. This was served on D and E Co., Ltd., the garnishee on October 18, 2019.

[Reasons for Recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 2 through 6, the purport of the whole pleadings

2. The plaintiff's assertion

A. The Plaintiff did not conclude a rental service transaction agreement with F Co., Ltd. (hereinafter “NB-2051”) on the first unit (JMB-2051).

Therefore, the instant payment order, which the Defendant received from the non-party company on the premise that all rights relating to the rental service transaction agreement was transferred by the non-party company, should be excluded from its execution.

B. Even if the defendant's claim for sirens and lost fees exists against the plaintiff, this shall be the three-year extinctive prescription period or the five-year extinctive prescription period as a commercial claim for the proceeds of goods.

However, since the defendant's assertion was filed on October 28, 2002 or after three or five years passed from September 23, 2003, which was the date of the non-party company's bankruptcy, the date of establishment of the defendant's argument, the non-party company's claim for the payment order of this case on November 24, 2009, which was later than the date of the non-party company's bankruptcy, the defendant's claim for the rental fee and loss fee against the plaintiff.