Of the instant lawsuit, the payment order for the Defendant’s claim against the Plaintiff was issued in Suwon District Court Decision 2014 tea571.

1. Basic facts

A. On the premise that the Plaintiff’s construction of a child-care center on the ground of Seocheon-gu D (hereinafter “instant construction”) had been awarded a contract and had not been paid the construction payment claim (hereinafter “instant construction payment claim”), C notified the Plaintiff on January 8, 2014 that “the instant construction payment claim was transferred to the Defendant,” and that this reached the Plaintiff around that time.

B. The Defendant filed an application against the Plaintiff for the instant payment order (hereinafter “instant payment order”) with this court No. 2014Gu571, and the written application states to the effect that “the Defendant was awarded a subcontract for 75 million won of the instant construction works among the instant construction works, and completed the relevant construction works, but was not paid KRW 28 million out of the construction price, and was transferred by C out of the claim for the construction price of this case in lieu of the payment of unpaid construction price, and thus, the Plaintiff is obligated to pay the Defendant KRW 20 million and damages for delay.”

C. The instant payment order was served on the Plaintiff on March 4, 2014, and the same year.

3. It was finalized on 19.4

On June 15, 2016, based on the instant payment order, the Defendant applied for a seizure and collection order against the Plaintiff’s right to claim the payment of deposit against the Republic of Korea, and rendered a decision of acceptance (Sacheon District Court Branching Daejeon District Court Decision 2016TY 3659; hereinafter “instant claim seizure and collection order”), which was served on the Republic of Korea on June 20, 2016.

E. On June 27, 2019, the Defendant received dividends of KRW 8,232,214 based on the instant claim attachment and collection order in the distribution procedure for the Daejeon District Court Support E (hereinafter “instant distribution procedure”).

[Ground of recognition] Class A evidence Nos. 7, 9, Eul evidence Nos. 6 and 7, the purport of the whole pleadings

2. Judgment on the defendant's main defense of safety

A. The defendant raised objection based on the payment order of this case.