청구이의의 소
1. The Defendant’s payment order based on the payment order for the acquisition money case No. 2013 tea 1101 against the Plaintiff.
Article 474 of the Civil Procedure Act provides that a final and conclusive payment order shall have the same effect as a final and conclusive judgment. However, unlike Article 44(2) of the Civil Execution Act, Article 58(3) of the Civil Execution Act, which limits the grounds for objection against a request for a final and conclusive judgment to be arising after the closure of pleadings (in the case of a judgment without holding any pleadings, after the final and conclusive judgment is pronounced), provides that Article 44(2) of the same Act does not apply to the assertion of objection against a request for a payment order. Thus, the grounds for failure or invalidation of a claim arising prior to the issuance
(2) On March 6, 2008, the Plaintiff borrowed 90,000,000 won (hereinafter “the instant loan”) from the Slive Capital Loan Co., Ltd. (hereinafter “Slive Capital”) on July 9, 2009, and repaid 18,353,700 won to Nonparty Co., Ltd. on March 3, 2010, and exempted Nonparty Co., Ltd from the remainder of the loan loan obligations. Nevertheless, Nonparty Co., Ltd. transferred the instant loan claims to the Esive Savings Bank on June 1, 2012, Nonparty Co., Ltd., Ltd., and, on the following grounds: (a) on March 6, 2008, the Plaintiff purchased the instant loan claims from Nonparty Co., Ltd.; (b) on the ground that Nonparty Co., Ltd., Ltd., Ltd., (hereinafter “Slive Savings Co., Ltd.”); (c) on the ground that there was no dispute between the Plaintiff and the Defendant’s payment order on May 16, 2019, 2016.
According to the above facts of recognition, the defendant's plaintiff.