1. Compulsory execution against the Defendant’s Plaintiff based on the payment order in the wage case No. 2017 tea2937.

1. Basic facts

A. On April 2017, the Defendant entered into a human resources supply contract with the Plaintiff and his/her father C (hereinafter “instant contract”) and supplied human resources to the Plaintiff and his/her Plaintiff C. On the ground that he/she did not receive personnel expenses of KRW 54,440,00 under the instant contract, the Suwon District Court issued an application for payment order with the Plaintiff and his/her father C as the head of Suwon District Court 2017 tea2937.

B. On December 19, 2017, the above court issued a payment order stating that “the Plaintiff and C shall jointly and severally pay to the Defendant the amount of KRW 54.4 million with 15% interest per annum from the day following the delivery date of the original copy of the instant payment order to the day of complete payment” (hereinafter “instant payment order”). The instant payment order was finalized as it is against the Plaintiff on January 11, 2018.

C. On May 8, 2018, the Defendant issued a collection order for the Plaintiff’s claim based on the instant payment order under the Incheon District Court Ordinance No. 108ta Bonds 5854, May 8, 2018.

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

2. The parties' assertion

A. The plaintiff's assertion is not a party to the contract of this case, and the party to the contract of this case is the plaintiff's father C.

Therefore, compulsory execution based on the payment order of this case should not be permitted.

B. Although the defendant's assertion was true that the defendant entered into the contract of this case with C, the plaintiff is obligated to pay personnel expenses to the defendant as the nominal lender under Article 24 of the Commercial Act.

3. Determination

A. In the case of a payment order for which legal principles have become final and conclusive, the grounds for failure or invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of objection against the payment order, and the burden of proof as to the grounds for objection in the lawsuit of objection shall also be in accordance with the principle of burden of proof distribution in general civil procedure.

Therefore, final and conclusive.