A. The Plaintiff is a person who operated a restaurant with the trade name of “D” in the Seocho City, and the Defendant is a person who supplied food materials, such as head, to the restaurant operated by the Plaintiff.

B. On April 23, 2015, the Defendant asserted that “the credit payment amount of KRW 5,365,000 has not been paid from 2004 to 2005,” and filed an application for the payment order against the Plaintiff with the Chuncheon District Court for the payment order, and on April 27, 2015, the payment order (hereinafter “instant payment order”) ordering the said court to pay the above money and its delayed damages.

(C) The instant payment order was served on the Plaintiff’s child on April 30, 2015, but became final and conclusive on May 15, 2015 due to the Plaintiff’s failure to file an objection. [The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings.]

2. The plaintiff's assertion has no credit obligation against the defendant, and even if there is a claim for the price of goods against the defendant, this is a claim falling under Article 163 subparagraph 6 of the Civil Code and the three-year short-term extinctive prescription has already expired.

Therefore, the defendant's compulsory execution against the plaintiff based on the payment order of this case should not be permitted.

3. Determination

A. 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, and the burden of proof as to the grounds for 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, when the plaintiff asserts that the claim was not constituted by the defendant in the lawsuit of objection against the established payment order, the plaintiff is liable to prove the cause of the claim to the defendant, and the claim is invalid or extinguished by the false declaration of agreement.