A. On June 18, 2007, the Defendant received the claim from C Co., Ltd. (hereinafter “C”) and D (hereinafter “D”) a payment order (hereinafter “instant payment order”) stating that “The Defendant would pay the Plaintiff the amount calculated at the rate of 17% per annum from May 28, 2007 to the day of full payment” with respect to KRW 18,425,612 as well as KRW 9,301,750 as to KRW 18,425,612 as well as the amount of KRW 9,301,750 as to KRW 17% per annum from the above court.”

B. The instant payment order was finalized on August 14, 2007 because the Plaintiff did not raise an objection.

[Ground of recognition] Gap evidence Nos. 1, 2, Eul evidence Nos. 1 through 3, 5, and 6, and the purport of the whole pleadings

2. The plaintiff asserts that the plaintiff did not prepare an application for a loan to obtain credit card loans from C and D or prepared an application for the issuance of credit cards with respect to the obligation to receive the loan under the payment order of this case, and since the above loan obligations become extinct after the five-year extinctive prescription has already expired before the application for the payment order of this case, compulsory execution based on the payment order of this case shall be rejected.

As to this, the defendant received credit card payment claim and loan claim from C and D, applied for the payment order of this case within five years from the date of lending period or the date of loss of the due date, and thereafter, the payment order of this case became final and conclusive because the plaintiff did not raise any objection.

3. In the case of a final and conclusive payment order, the grounds for failure or invalidation that occurred prior to the issuance of the payment order can be asserted in the lawsuit of objection against the payment order. In the lawsuit of objection, the burden of proof as to the grounds for objection against the claim is common.