A. On November 16, 2001, the Defendant asserted that “C borrowed KRW 30 million from the Defendant, and the Plaintiff jointly and severally guaranteed the said loan,” and filed an application for payment order against the Plaintiff in the Daegu District Court Port Branch Branch (No. 2016 tea554), claiming that “C borrowed KRW 30 million from the Defendant, and the Plaintiff jointly and severally guaranteed the said loan.”

B. On April 7, 2016, the above court issued a payment order stating that “C and the Plaintiff jointly and severally pay to the Defendant the amount of KRW 30 million and the amount calculated by the rate of KRW 20% per annum from November 17, 2001 to the date of full payment (hereinafter “instant payment order,” and the bonds based on this order were “the instant bonds”). The above payment order was finalized around that time.

C. Based on the instant payment order, the Defendant applied for a compulsory auction as to No. 105 Dong-dong 101 of the building E, North Korea, which was owned by the Plaintiff, to the Daegu District Court Branch Branch Branch Branch (D) on the basis of the instant payment order, and the said court rendered a decision to commence the auction on November 27, 2017.

[Ground of recognition] Facts without dispute, entry of Gap 2 and 3 evidence, purport of the whole pleadings

2. Determination as to the cause of action

A. 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 the lawsuit of demurrer against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). In the lawsuit of objection, the burden of proof as to the grounds for objection to the claim should be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, when the plaintiff claims that the defendant's claim was not established in a lawsuit claiming objection against the final payment order, the occurrence of rights such as the plaintiff's claim is responsible for proving the fact of the cause of the claim, and the plaintiff's claim is invalid or extinguished as a false declaration of agreement.