1. The instant lawsuit shall be dismissed.

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

1. Determination on the legality of a lawsuit

(a) a lawsuit of demurrer shall be filed against a valid executive title;

An order of payment for which a final and conclusive payment cannot become an effective executive title, so no lawsuit of objection to a claim may be brought against it.

(see, e.g., Supreme Court Decision 2012Da70012, Nov. 15, 2012). (B)

Facts of recognition

The following facts may be acknowledged by the parties or by the overall purport of Gap evidence Nos. 1, 2, and 8 and all pleadings.

(1) The Defendant filed an application with the Plaintiff for a payment order stating that “B Co., Ltd. and C shall pay 156,317,384 won and 156,189,796 won per annum from May 19, 2016 to the service date of the payment order, and 10% per annum from the next day to the day of full payment.”

On July 8, 2016, this Court issued a payment order as requested by the defendant.

(2) The Plaintiff received the first payment order on November 8, 2016 and filed an objection on the 18th of the same month (hereinafter “the first payment order”). The Defendant did not comply with the order of this court to correct stamps as the Plaintiff’s filing of objection was performed as a lawsuit. On January 9, 2017, the application for the payment order was dismissed. (3) The Defendant filed an application against the Plaintiff for the payment order again as the cause of the same claim as the transfer. On December 19, 2017, the court issued the payment order to the Plaintiff on December 19, 2017 (hereinafter “the second payment order”). The second payment order was finalized on May 9, 2018 through service by public notice to the Plaintiff.

C. (1) The Plaintiff filed a lawsuit for objection against the instant claim against the first payment order, which is not a valid executive title, since it is not final and conclusive.

The defendant pointed out that through a preparatory document on January 23, 2019, the plaintiff should modify the purport of the claim by seeking the exclusion of the enforcement force of the second payment order, a valid executive title.

The plaintiff is obligated to do so.