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1. The Defendant’s payment order against the Plaintiff was based on the Seoul Central District Court Order 2015 tea 40359 (money).
Reasons
1. Facts of recognition;
A. On June 12, 2015, the Defendant issued a seizure and collection order on June 16, 2015 (hereinafter “instant seizure and collection order”) with respect to the portion of KRW 200,000,000 among the claim for the supply of emotional products to the Plaintiff by Nonparty Company as the debtor, the Plaintiff as the third debtor, and the Defendant’s claim amounting to KRW 500,000,000 against the Nonparty Company. The Defendant received the seizure and collection order on June 16, 2015 (hereinafter “instant collection order”). The above seizure and collection order was served on the Plaintiff on June 19, 2015.
B. On August 3, 2015, the Defendant issued a seizure and collection order on August 5, 2015 (hereinafter “instant seizure and collection order”) with respect to the portion of KRW 300,000,000, out of the supply price of refined meat products to the Plaintiff as the debtor, the Plaintiff as the third debtor, and the Defendant’s claim amounting to KRW 300,000 against the non-party company. The Defendant received the seizure and collection order on August 10, 2015 (hereinafter “instant seizure and collection order”). The above seizure and collection order were served on the Plaintiff on August 10, 2015.
C. Based on each of the instant orders for seizure and collection, the Defendant applied for a payment order against the Plaintiff with the Seoul Central District Court 2015 tea 40359, seeking a collection amount of KRW 500 million, and issued a payment order on August 27, 2015 (hereinafter “instant payment order”). The instant payment order was finalized on September 19, 2015.
The collection order of the instant case No. 1 was revoked pursuant to Article 58(5) of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”) on September 9, 2015, from the Seoul Central District Court 2015 Gohap10219 (hereinafter “instant rehabilitation case”). The notice of cancellation of the instant attachment No. 1 and collection order was served on the Plaintiff on September 14, 2015.
E. The collection order of the second seizure and collection order of this case is in the rehabilitation case of this case.