청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
1. The reasoning for the court's explanation of this case is as follows, since the part of "3. Judgment" which is below the third part of the judgment of the court of first instance multiplied by the third part of the judgment of the court of first instance is the same as the statement of the judgment of the court of first instance except for the following cases. 2. In the case of a final and conclusive payment order, the grounds for non-existence or invalidation, etc. arising before the issuance of the payment order may be asserted in the lawsuit of objection against the payment order. The burden of proof as to the grounds for objection in the lawsuit of objection shall be in accordance with the principle of burden of proof in general civil procedure. Thus, if 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 cause of the claim to the defendant (see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010).
However, the following circumstances, which are acknowledged as comprehensively considering the statement No. 3 (including paper numbers) and the testimony of the witness witness C of the first instance trial, that is, ① all money deposited into the account under the Plaintiff’s name was used in connection with the Corporation, and at the time, C and the Defendant appears to have known about construction work relations for a considerable period, while it is difficult for the Defendant to obtain payment in light of the empirical rule to lend money to the Plaintiff who was a minor at the time, and ② the above payment angle was made by C.