1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. The Defendant against the Plaintiff as the Daegu District Court No. 2016 tea71, March 31, 2014 to the Plaintiff

6. On January 19, 2016, a payment order was issued from the above court to the effect that “the Defendant shall pay to the Plaintiff 41,085,000 won with the amount equivalent to 37,350,000 won of the market value of the waterproof material (hereinafter “the instant waterproof material”) and the amount equivalent to 15% per annum from the day following the day when the original copy of the payment order was served to the day when the payment order was fully paid” (hereinafter “the instant payment order”).

B. The instant payment order was served on the Plaintiff on January 25, 2016, and was finalized on February 12, 2016 due to the Plaintiff’s failure to file an objection within the objection period.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. The plaintiff's ground for claim

A. The Plaintiff merely purchased the instant waterproof material from C, but did not purchase the instant waterproof material from the Defendant, so compulsory execution based on the instant payment order should not be permitted.

(Chapter 1). (b)

Even if the Plaintiff purchased the instant waterproof materials from the Defendant, the Plaintiff was unable to pay the construction cost of KRW 78.6 million from the E council of occupants, which is the client, because the instant waterproof materials were defective in which the effect of waterproofing, such as the maximum water quality and the quantity of the attached materials, is not significant. In addition, the Plaintiff was also liable for the litigation cost of KRW 12 million from the E council of occupants’ representatives.

Therefore, since the plaintiff has a damage claim equivalent to the above amount against the defendant, there is no claim under the payment order of this case when offsetting the claim under the payment order of this case with the automatic claim.