1. The Defendant’s order for payment is based on the order for payment issued on August 6, 2014, which was rendered by the Suwon District Court for the Plaintiff.

1. Basic facts

A. The Plaintiff is an executor of the construction project of a golf course, located in Jinandong-gun B in the former Jinandong-gun, and C (hereinafter “C”) is a contractor for the construction project of the said golf course. On March 11, 2013, C concluded a subcontract with respect to the construction project of the said golf course with respect to the construction project of the golf course between Jinn&C Co., Ltd. (hereinafter “YP”), the construction period of KRW 1.76 billion for the construction project of the said golf course (hereinafter “instant construction”). From March 11, 2013 to May 31, 2013, 2013, the Plaintiff entered into a subcontract for the construction project with respect to the construction project of the golf course.

B. At that time, L&C entered into a sub-subcontract contract with the Defendant for the construction cost of KRW 143,00,000 among the instant construction works. The Defendant agreed to settle the construction cost of KRW 176,00,000 after completing the large-scale construction works. The Defendant did not pay KRW 71,60,000 out of the said construction cost.

C. Meanwhile, on November 28, 2013, C applied for the commencement of corporate rehabilitation procedures by the Jeonju District Court 2013 Mahap29, but withdrawn the said application with the permission of the said court on May 20, 2014.

The Defendant, on June 10, 2014, issued the instant payment order with the purport that “The Plaintiff and C shall jointly and severally pay the Defendant 71,600,000 won and 20% interest per annum from the day following the delivery of the original copy of the instant payment order to the Defendant to the day of complete payment,” by asserting that the Plaintiff and C acquired KRW 71,60,000 from the Plaintiff and C’s claim amounting to KRW 71,60,000,000,000 from the date of delivery of the original copy of the instant payment order to the day of full payment.”

On August 11, 2014, the original copy of the above payment order was served on the Plaintiff, and it became final and conclusive on August 26, 2014 due to the Plaintiff’s no objection.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 6 and 7, and the purport of the whole pleadings.