The defendant is a corporation established for the purpose of health food communications and visiting and selling business.

On July 23, 2019, the Defendant filed a request for payment order against the Plaintiff for the payment of the sales proceeds of the “C” (hereinafter “instant goods”) which is health food as the High Military Court 2019 tea 234, the High Military Court 2019.

On July 23, 2019, the above court issued a payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay KRW 1,188,000 to the Defendant and its delay damages.” The above payment order was finalized on August 10, 2019.

[Ground of recognition] In the absence of dispute, the entry of Gap 1 and 2 evidence, and the order of payment of legal principles related to the determination of the cause of claim as a whole of pleadings has not been res judicata effect, even if the order of payment has become final and conclusive. Thus, in a lawsuit of objection against a claim for the payment order, the failure of the claim prior to the payment order becomes a ground for objection. In this case, the burden of proof as to the existence or establishment of the claim is against the defendant in the lawsuit

Although the Defendant alleged that the instant goods were sold to the Plaintiff, there is no evidence to acknowledge this, and there is no other evidence to acknowledge the establishment of the instant sales proceeds claim against the Plaintiff.

According to the theory of the lawsuit, compulsory execution based on the payment order of this case should not be permitted.

The plaintiff's claim of this case is accepted.