1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 17, 2013, the Plaintiff filed an application against the Defendant for a payment order seeking the said payment with the U.S. High Court Decision 2013 tea2033 on the ground that there was KRW 19,730,250 of material purchase claim against the Defendant.

B. On October 23, 2013, the above court issued a payment order: “The debtor shall pay to the creditor KRW 19,730,250, and 5% per annum from July 22, 2013 to the date on which the original copy of the instant payment order was served, and 20% per annum from the next day to the date on which the original copy of the instant payment order was served, and 33,780 won per annum from the next day to the date of full payment (hereinafter “instant payment order”); and around that time, the instant payment order became final and conclusive.

C. The Plaintiff, based on the original copy of the instant payment order, received the claim for the construction cost against the Defendant’s Joint-gun as the Changwon District Court Branch Branching 2013TTT1204 (hereinafter “instant collection order”), and accordingly, collected KRW 11,129,770 from Gohap-gun around that time.

The Defendant filed a lawsuit claiming unjust enrichment against the Plaintiff on July 2, 2015 (hereinafter “the judgment prior to the instant lawsuit”) by asserting that “the Plaintiff did not bear the obligation to pay goods against the Plaintiff, and the Plaintiff applied for the instant payment order on the ground of a claim for materials cost claim against the Plaintiff for the same trade name as that of the Defendant’s transfer, which is the same as that of the previous trade name, and thus, the Defendant collected the Defendant’s claim, and thus, it should return the Defendant’s claim to the Defendant as unjust enrichment acquired without any legal cause.” The Defendant was rendered a favorable judgment against the Plaintiff on July 2, 2015, by filing a lawsuit claiming unjust enrichment against the Plaintiff under the Changwon District Court Jinju-gu Branch Branch 2014 (hereinafter “the judgment prior to the instant lawsuit”). Accordingly, the Plaintiff appealed (Seoul District Court 2015Na6504) and appealed (Supreme Court Decision

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

2. The defense prior to the merits.