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

A. On February 28, 2012, the Defendant: (a) concluded a lease contract with the Plaintiff on the second floor room 2 (28m2) in Bupyeong-gu, Incheon; (b) the lease deposit was KRW 10,000,000; (c) monthly rent of KRW 200,000; and (d) the lease term was from March 15, 2012 to March 15, 2014; and (c) paid the lease deposit.

On March 25, 2015, the Defendant applied for a payment order against the Plaintiff on March 25, 2015, for the return of the lease deposit, as Incheon District Court 2015 tea2687, on which the instant lease contract was terminated. On April 16, 2015, the said court issued a payment order stating that “10 million won and damages for delay calculated at the rate of 20% per annum from the day after the payment order was served to the day of full payment,” and the said payment order was finalized on May 5, 2015.

(hereinafter “instant payment order”). Therefore, the Defendant has a claim for the refund of lease deposit against the Plaintiff.

B. The Plaintiff’s assertion did not have concluded the instant lease agreement and did not have received the lease deposit.

Therefore, compulsory execution based on the payment order of this case should not be allowed.

2. Determination

A. In the case of a final and conclusive payment order, the grounds for failure or invalidation that occurred prior to the issuance of the payment order can 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 the general civil procedure.

Therefore, when the plaintiff asserts that the claim was not constituted by the defendant in a lawsuit claiming objection against the established payment order, the plaintiff is liable to prove the cause of the claim to the defendant, and the claim is a false declaration of conspiracy.