1. On March 7, 2019, the defendant's order for the seizure of claims and the payment of collection amount against the plaintiff of this court against the plaintiff of this court.

1. Basic facts

A. Based on the original copy of the judgment with executory power in the purchase price case, the Defendant filed an application with the Seoul Western District Court for the attachment and collection order of KRW 149,917,808 (hereinafter “the instant lease deposit claim”) against the Plaintiff of Eunpyeong-gu Seoul Western District Court (Seoul Western District Court 2002Gadan4591, the Seoul Western District Court 2011, and issued a seizure and collection order of the instant lease deposit claim against the Plaintiff of Eunpyeong-gu (hereinafter “instant apartment”) on January 3, 2019, and the said court issued a seizure and collection order of the instant lease deposit claim on January 8, 2019. The seizure and collection order was served on the Plaintiff on January 8, 2019.

B. On March 5, 2019, the Defendant filed an application with the Plaintiff for a payment order seeking payment of collection money under the above collection order with the Seoul Western District Court Decision 2019 tea459, and on March 7, 2019, the Defendant received the payment order (hereinafter “instant payment order”) from the above court that “the Plaintiff would pay to the Defendant the amount calculated by the rate of 149,917,808 won per annum from the day following the delivery of the original copy of the instant payment order to the day of complete payment.” The instant payment order was finalized on March 28, 2019.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 5, 6 and 7, and purport of the whole pleadings

2. The order of payment on a short-term basis does not take place even if the final and conclusive judgment has not taken place, and thus, the restriction is not applied to a lawsuit of demurrer pursuant to the time limit of res judicata (Article 58(3) of the Civil Execution Act). In a lawsuit of demurrer, the determination of the grounds for appeal on the payment order may be made on all the claims stated in the payment order. In such a case, the burden of proof on the existence or establishment of the claim shall be borne by the obligee, i.e., the

With respect to this case, the cause of the claim for the payment order of this case is the collection amount under the above collection order, namely, the repayment of the claim for the refund of the lease deposit of this case.