청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
The reasoning for the court's explanation on this case is as follows: (a) there is no evidence of the first instance court's first instance court's "No evidence" (in the case of a final and conclusive payment order, the grounds for failure or invalidation arising prior to the issuance of the payment order can be asserted in the lawsuit of objection against the payment order (see Articles 58 (3) and 44 (2) of the Civil Execution Act); and (b) the burden of proof as to the grounds for objection in the lawsuit of objection shall be in accordance with the principle of allocation of the burden of proof in general civil procedure. Therefore, where the plaintiff claims that the defendant's claim was not established in the lawsuit of objection against the final and conclusive payment order, the defendant is liable to prove the grounds for the claim (see Supreme Court Decision 2010Da12852, Jun. 24, 2010).
Therefore, the judgment of the first instance court is legitimate, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.