2.

A. On June 29, 2017, the Defendant filed an application against the Plaintiff for a payment order of KRW 40 million with the Cheongju District Court 2017 tea1898, and the said court issued a payment order (hereinafter “instant payment order”) on July 3, 2017, and the said payment order became final and conclusive on August 10, 2017.

B. On September 11, 2017, upon the instant payment order, the Defendant filed an application for the seizure and collection order against the Plaintiff under the Suwon District Court Branch Branch 2017TTT 8771, and the said court issued a seizure and collection order against the Plaintiff Company C around September 2017.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 3, the purport of whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant lent money to the plaintiff's attached Eul to the plaintiff's account at the plaintiff's request, and the plaintiff did not borrow money from the defendant.

Therefore, compulsory execution based on the Defendant’s payment order of this case should not be permitted.

B. The defendant's assertion that the defendant entered into a cafeteria operation contract at D and E apartment reconstruction site, and deposited the deposit amount of KRW 40 million with the plaintiff's passbook at D's request. Thus, the plaintiff is obligated to return the above money. Even if the deposit (or loan) does not have the obligation to return, the plaintiff shall be deemed to have withdrawn and used the money as the title holder of the receipt account that the defendant remitted to the plaintiff. Thus, the plaintiff is obligated to return the money as unjust enrichment to the plaintiff.

3. Determination

A. In the case of a payment order for which legal principles have become final and conclusive, the grounds for failure or invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of objection against the payment order, and the burden of proof as to the grounds for objection in the lawsuit of objection shall also be in accordance with the principle of burden of proof distribution in general civil procedure.

Therefore, there is an objection to the claim for the final payment order.