청구이의
1. The defendant is based on the original copy of the payment order issued by the Seoul District Court, Doksan District Court, 2009Da316, the defendant's military capital support for the plaintiff.
1. According to the evidence evidence Nos. 2 and 3, the Defendant applied for a payment order against the Plaintiff at the rate of 20% per annum from the day following the service of the loan Nos. 9,410,000 to the day of full payment with loans No. 2009,316 of Jeonju District Court 2009Da316, and the payment order for these loans to the day of full payment. The Defendant issued the payment order according to the purport of the Defendant’s application and served the Plaintiff on March 17, 2009. The confirmation was made on April 1, 2009, and the Defendant received the claim seizure and the collection order as to the Plaintiff’s deposit claim against the Plaintiff’s financial institution as of December 7, 2012.
2. The judgment order on the cause of claim does not take effect even if it becomes final and conclusive, and thus, the obligor on the payment order can assert the absence or invalidity of the claim on the grounds prior to the issuance of the payment order. As such, where the obligor asserts the absence of the claim on the payment order established, the obligee bears the burden of proving the existence or establishment of the claim.
However, there is no evidence to acknowledge that the Defendant extended KRW 7,410,000 to the Plaintiff, in addition to KRW 2,000,000, the Plaintiff borrowed from the Defendant.
Therefore, the Plaintiff’s debt (i.e., KRW 9,410,000 (= KRW 9,410,000 - KRW 2,000,000) and damages for delay against the Defendant shall not exist. Therefore, compulsory execution based on the instant payment order shall be rejected only for the portion exceeding the amount calculated by the rate of 20% per annum from March 18, 2009 to the date of full payment after the date of delivery of the instant payment order to the Plaintiff.
The plaintiff stated in the purport of the claim that the whole compulsory execution based on the payment order of this case is not permitted, but the defendant 2,000,000 won.