1. The Defendant’s compulsory execution against the Plaintiffs is denied based on the payment order No. 2017 tea652.

2...

1. Basic facts

A. The Defendant is a person engaged in the construction business of glass and miscellaneous iron in the trade name of “D”, and the Plaintiff A Limited Liability Company (hereinafter “Plaintiff Company”) is a company incorporated on August 4, 2015 for the purpose of construction business, artificial design and construction business, etc., and Plaintiff B is a sole director of the Plaintiff Company.

B. At the request of the Plaintiffs, from July 2015 to December 2016, the Defendant completed the construction work of E, F, G, H, H, and I on the construction site, and the Plaintiff B applied for a payment order for the payment of the construction cost claim against the Plaintiffs, asserting that the Plaintiffs paid KRW 63 million out of the total construction cost of KRW 96,865,00,00, and did not pay the remainder of KRW 33,865,00,00.

C. On September 21, 2017, the above court rendered a payment order stating that “The plaintiffs jointly and severally paid KRW 33,865,000 to the defendant and 6% per annum from January 1, 2017 to the delivery date of the original copy of the payment order, and 15% per annum from the next day to the date of full payment” (hereinafter “instant payment order”). The instant payment order was finalized due to the lack of objection by the plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the plaintiffs' assertion is that there is no fact that the plaintiffs entered into a construction contract with the defendant or jointly and severally guaranteed a contract.

Plaintiff

A company is not related to E, F, H, H, and I’s progress, but G is merely involved in the construction site as a recipient of the construction site. Even in the field of G, the Defendant entered into a sub-subcontract with the non-party J-LLC (hereinafter referred to as “J”) who is a subcontractor of the Plaintiff company.