A. On March 5, 1998, the Defendant asserted that “6,360,000 won was determined as interest rate of 24% per annum and applied for a payment order seeking payment of the said loan (hereinafter “instant loan”) against the Plaintiff as the Jeonju District Court No. 2013 tea 2854, supra, by asserting that “The Plaintiff did not receive reimbursement of KRW 1,343,000,000.”

B. On May 15, 2013, this Court issued a payment order to the Plaintiff that “The Defendant shall pay 20% interest per annum to KRW 4,807,240 and KRW 1,343,00 from the day following the delivery of the original copy of the payment order to the day of complete payment.”

The above payment order was served on the Plaintiff on May 23, 2013 and was served on the Plaintiff for the same year.

6. 8. 8. Finality of the final and conclusive order for payment (hereinafter referred to as the “final and conclusive order for payment”). [Ground for recognition] did not dispute. The Plaintiff’s assertion as to the existence of grounds for objection to the claim stated in the evidence No. 1, and the Plaintiff did not borrow the loan from the Defendant.

2) Even if the Plaintiff borrowed the instant loan from the Defendant,

Even if the loan debt of this case was extinguished by the expiration of the statute of limitations.

Judgment

1) In the case of a final and conclusive payment order, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order (Articles 58(3) and 44(2) of the Civil Execution Act). The burden of proof as to the grounds for objection raised in a lawsuit of objection against such claim shall also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, in case where the plaintiff asserts that the claim was not established in the lawsuit of demurrer against the final payment order, the defendant is responsible for proving the cause of the claim, and the plaintiff asserts that the cause of the claim is the disability or extinction of the right, such as the extinguishment of claim.