The plaintiff is a child of C, and D is a female student of the plaintiff.

On November 11, 2008, the Defendant applied for a payment order against the Plaintiff. On November 13, 2008, the above payment order became final and conclusive upon receiving a payment order stating that “the Defendant shall pay to the Plaintiff KRW 50 million and damages for delay from the day following the delivery date of the original copy of the payment order for the amount of KRW 50 million.”

(hereinafter “instant payment order”). On November 5, 2008, the Defendant submitted as evidence the instant payment order a claim transfer and takeover contract under which C transferred to the Defendant a claim amounting to KRW 50 million against the Plaintiff (Article 3; hereinafter “instant claim transfer contract”) to the Defendant on November 5, 2008, as well as an agreement under the said contract.

【Ground of recognition” without any dispute, Gap 1, 2, 5 and Eul 3 (including each number in the case of additional numbers), and the plaintiff's assertion of the purport of the whole pleadings as to the purport of the whole pleadings, since Eul did not have any claim against the plaintiff and there is no fact that Eul transferred its claim to the defendant, the claim assignment contract of this case is null and void, and the payment order of this case is issued without the claim, and compulsory execution based thereon should not be permitted.

On the other hand, the defendant lent C the expenses for identifying the cause of the plaintiff's death and claiming compensation, etc. to C, and on the other hand, transferred C's loan claims amounting to KRW 50 million to C. Thus, the claim assignment contract of this case is valid.

Judgment

In the case of a payment order for which relevant legal principles have become final and conclusive, the grounds such as failure or invalidation that occurred prior to the issuance of the payment order can be asserted in a lawsuit of objection against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act), and such objection is raised.