1. The plaintiff's claim is dismissed.

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

1. On November 19, 2003, the Agricultural Cooperative, based on fact-finding, extended a loan of KRW 190,000,000 to the Plaintiff (hereinafter “instant loan”) as of November 19, 205 on the repayment date.

As the Plaintiff failed to repay the debt of the instant loan, the racing agricultural cooperative filed an application for voluntary auction on the real estate owned by the Plaintiff as Daegu District Court and racing support B, and received a dividend of KRW 49,267,480 on July 141, 2006 in the auction case.

On October 14, 2013, Daegu District Court and racing-support 2013, 2013, 2057, and applied for a payment order against the Plaintiff for the payment order of the instant loan claim against the Plaintiff. The payment order was issued on October 22, 2013. The above payment order was served on the Plaintiff on October 25, 2013, but it became final and conclusive on November 2013 because the Plaintiff did not raise any objection.

On August 24, 2016, the racing Agricultural Cooperative transferred to the defendant the claim for the loan of this case based on the above payment order against the plaintiff, and notified the plaintiff of the transfer.

Accordingly, on February 28, 2017, the Defendant filed an order for payment with the Plaintiff for the Daegu District Court Branch Branch Decision 2017 tea104, and the Defendant issued an order for payment with the purport that “the Plaintiff shall pay to the Defendant damages for delay for KRW 40,637,360 out of the amount of KRW 151,906,935 and the above amount of KRW 40,637,360 (hereinafter “instant order”). The instant order for payment was served to the Plaintiff on March 7, 2017, but the instant order for payment was finalized on March 22, 2017 due to the Plaintiff’s no objection.

Based on the instant payment order, the Defendant filed an application for property specification against the Plaintiff with Daegu District Court 2017Kao3134, on the basis of the instant payment order, and the Plaintiff appeared in the court and presented the list of property.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3 through 6, Eul evidence 1 to 3, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim.