A. On June 28, 2016, the Defendant filed an application for the payment order with this court against the Plaintiff, asserting that “the Defendant: (a) on July 5, 2006, the Plaintiff lent KRW 50,000,000 to the Plaintiff on July 5, 2006, by setting the interest rate of KRW 1% per month; and (b) July 5, 2009.”

(B) The above loan claims asserted by the Defendant are “the instant loan claims.”

This Court issued a payment order (hereinafter “instant payment order”) with the term “the Plaintiff shall pay the Defendant 50,000,000 won, and 12% per annum from July 6, 2009 to July 7, 2016, and 15% per annum from the following day to the date of full payment.” The instant payment order was finalized on July 22, 2016.

[Ground of recognition] Facts without dispute, Gap evidence No. 1, and the purport of the whole argument of the plaintiff's assertion of the purport of the whole argument, the loan claim in this case was non-existence or non-existence, or its statute of limitations expired.

Therefore, compulsory execution based on the payment order of this case should not be allowed.

Judgment

A. Although an order of payment became final and conclusive and conclusive, it does not apply to a lawsuit of demurrer against its claim based on the time limit of res judicata, but where the plaintiff asserts that the claim did not exist or failed to exist in a lawsuit of objection against the relevant order of payment, the existence of the claim and the burden of proof for its establishment are against the defendant.

(See Supreme Court Decision 2006Da73966 Decided July 9, 2009, etc.). B.

In light of the following facts, Gap evidence Nos. 2, 3, and 5 (including the number of branch numbers) can be recognized by each entry, the entry of Eul evidence Nos. 2, which appears to be consistent with the fact that the defendant lent KRW 50,000,00 to the plaintiff on July 5, 2006, 1% of interest per month and the due date for payment on July 5, 2009, is difficult to believe it as it is, and the other evidence submitted by the defendant alone is insufficient to recognize it.