1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order for the card payment return case.

1. Basic facts

A. The Plaintiff is a company with the objective of producing broadcasting programs, operating television programming, advertising agency, etc., and the Defendant is the representative of a corporation B (hereinafter “B”) with the objective of food processing, manufacturing agricultural products, and wholesale and retail business.

B. On August 21, 2017, the Plaintiff and B entered into a contract for integrated marketing platform service (hereinafter “instant contract”) with the Plaintiff providing services, such as planning, production, supply, and sales agency for B’s marketing, and paying the price. On the same day, A paid KRW 7,00,000 (including value-added tax) for the production cost of video works under the instant contract with the corporate credit card company B (hereinafter “the first settlement”).

C. On August 22, 2017, A unilaterally requested the Plaintiff to terminate the instant contract. On September 7, 2017, the Plaintiff and the Defendant agreed to pay a penalty of KRW 1920,000 to the Plaintiff (hereinafter “instant agreement”) and terminated the instant contract.

A settled the penalty of 1920,000 won with the credit card of a corporation in B on the same day (hereinafter “the second settlement in this case”).

On the other hand, Article 6 subparagraph 7 of the contract of this case provides that the plaintiff may claim 50% of the cost of producing video works to B as penalty when cancelling the contract of this case due to the reasons set forth in B.

E. After that, according to the instant agreement, the Plaintiff revoked the instant first settlement request on September 21, 2017, and the approval was revoked from a credit card company on the 22th of the same month.

F. However, on September 21, 2017, the Defendant filed a payment order against the Plaintiff, claiming payment of KRW 9620,000 against the Plaintiff, stating that “the Plaintiff did not refund KRW 9620,000,000,000,000,000” and received the payment order on October 16, 2017 (hereinafter “instant payment order”).