1. The Defendant’s executory payment order against the Plaintiff is the Busan District Court’s 2014 tea23.

1. Basic facts

가. 원고와 주식회사 쎄븐종합건설(변경 전 상호 주식회사 이수종합건설, 이하 ‘소외회사’라 한다)은 건축공사업 등을 영위하는 회사이고, 피고는 ‘B’이라는 상호로 간판, 현수막 제작업을 영위하는 개인사업자이다.

B. The Defendant completed the construction by being awarded a contract from Nonparty Company C for the manufacture of signboards and the installation of a scambling system, but filed an application for payment order against Nonparty Company as Busan District Court Decision 2012j18031, asserting that it was not paid KRW 23.1 million. The above payment order was served on Nonparty Company on October 15, 2012 and confirmed on October 30, 2012.

C. The Defendant, with the original copy of the above payment order as the executive title, received the payment order indicated in Paragraph (1) of this Article (hereinafter “instant payment order”) from the Busan District Court 2013TTTT1231 on the ground that the non-party company was to receive the construction cost for the construction of a new building D main complex building (hereinafter “instant construction”) from the Plaintiff, and again filed an application for the payment order on January 20, 201, with the purport of seeking the payment of the above collection amount against the Plaintiff. The above payment order was served on the Plaintiff on January 20, 2014, and became final and conclusive on February 4, 2014.

[Ground of recognition] Facts without dispute, entry of Eul Nos. 1, 3 through 9 (including branch numbers, if any) and the purport of the whole pleadings

2. The plaintiff asserts that the non-party company's execution based on the payment order of this case should not be denied by asserting that the construction price was not paid to the non-party company. However, the defendant has a claim for the construction price payable to the non-party company, and the non-party company has a claim for the construction price not paid to the plaintiff, and the execution based on the payment order of this case is justified