1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff and the Defendant are stock companies whose business objective is the housing site creation business, real estate development business, etc.

The representative of the defendant is the director C, and the representative of the plaintiff is the above C and D registered as a joint representative director.

B. The Defendant received the payment order (hereinafter “instant payment order”) on June 19, 2017, by filing an application with the Plaintiff for a payment order seeking a loan of KRW 900 million with the Seoul Central District Court Decision 2017 tea251282, which is the debtor. The Defendant revised the Plaintiff’s address to “Seoul Seo-gu E building and 801, Sungnam-gu E building, Sungnam-si, which are the Plaintiff’s domicile on the Plaintiff’s registry, and “Seoul Seo-gu E building and 119 Dong1904, 1904,” which is the Plaintiff’s joint representative director C’s domicile, and C did not raise any objection despite having received the instant payment order.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 6 (including each number), the purport of the whole pleadings

2. The plaintiff's assertion that the defendant was entitled to the payment order of this case by interfering with D's participation in the lawsuit, who is another joint representative director, by taking advantage of the status of the plaintiff's joint representative director, the defendant's allegation constitutes abuse of rights.

In addition, the defendant only delivered KRW 900 million to the plaintiff as investment money and did not lend the above money. Thus, the payment order of this case is based on the loan claim that does not exist.

Therefore, the enforcement of the instant payment order should be excluded.

3. Whether the lawsuit of this case is legitimate

A. The gist of the Defendant’s defense prior to the merits is the Plaintiff’s joint representative director. The instant lawsuit is unlawful as it was filed by a person who has no power of representation, since D independently filed the instant lawsuit without the consent of C.

(b) A number of representative directors of a related law firm shall be alone with the power of representation.