A. On March 23, 2015, the Defendant filed a claim against the Plaintiff for payment of the said money and damages for delay on the ground that the Plaintiff was a legitimate lessee of approximately 15 square meters of the second floor office located in Namyang-si, Seoul (hereinafter “instant building”) around July 28, 2014, the Defendant filed an application with the Defendant for payment order on the ground that the instant building was sub-leased and the Defendant was unfairly paid KRW 3 million under the pretext of monthly rent, etc.

B. Accordingly, on April 9, 2015, the court issued a payment order (hereinafter “instant payment order”) to the effect that “the Plaintiff would pay KRW 3 million to the Defendant and delay damages therefrom” (hereinafter “the instant payment order”). On April 15, 2015, the instant payment order was finalized on April 30, 2015 because the Plaintiff was served with the original copy of the instant payment order and did not raise an objection within 14 days thereafter.

2. 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 demurrer against the payment order with respect to the claim which became the cause of the claim of the payment order, and the burden of proof as to the grounds of objection in the lawsuit of objection shall also be in accordance with the principle of burden of proof distribution in the general civil procedure.

Therefore, if the plaintiff asserts that the claim was not constituted by the defendant in a lawsuit claiming objection against the established payment order, the defendant is liable to prove the cause of the claim.

(See Supreme Court Decision 2010Da12852 Decided June 24, 2010, etc.). However, since the Plaintiff asserted that there exists no claim that was the cause of the claim for the instant payment order by the instant lawsuit, the Defendant is liable to prove the existence of such claim. Therefore, there is no evidence to prove that the Plaintiff made a false statement to the Defendant and sub-lease the instant building after the Plaintiff sub-leases the instant building.

Furthermore, real estate;