A. On March 2, 2015, the Defendant filed an application against the Plaintiff for a payment order seeking payment of goods with the Gangwon-gu District Court Decision 2015Ra37, the said court issued an annual payment order (hereinafter “instant payment order”) stating that “the Plaintiff shall pay to the Defendant 31,248,950 won and the amount equivalent to 6% per annum from August 1, 2014 to the date of service of the original copy of the payment order, and the amount equivalent to 20% per annum from the next day to the date of full payment order” (hereinafter “instant payment order”). The instant payment order was finalized at that time.

B. The Plaintiff is the mother of C.

[Judgment of the court below] The facts that there was no dispute over the ground for recognition, the statements in Gap's evidence 1 through 3, the witness C's testimony, and the whole pleadings

2. Summary of the parties' arguments;

A. The Plaintiff’s assertion was that he only lent his name to allow C to operate the “D,” and the actual operator of “D” is C, and the Defendant also knew of such circumstances, and thus, the Plaintiff is not liable for the payment of goods to the Defendant.

Therefore, since the claim indicated in the payment order of this case did not occur, compulsory execution based on the payment order of this case should not be allowed.

B. The Defendant’s assertion that the Defendant: (a) supplied Chinese rain, etc. to D; and (b) owned the unpaid claim of KRW 31,248,950 for the purchase price of goods; and (c) as the actual business owner of D is the Plaintiff, the Plaintiff is liable for the purchase price of goods.

Even if the plaintiff is not an actual business owner, he is responsible for the name holder of Article 24 of the Commercial Code.

3. Determination

A. In the case of a final and conclusive order of payment, the grounds for failure or invalidation which occurred prior to the issuance of the order may be asserted in the lawsuit of objection against the order of payment, and the objection raised in the lawsuit of objection against such a claim.