2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Except for deletion of a claim, it is identical to the reasoning of the judgment of the court of first instance, and thus, it is cited by the main sentence of Article 420 of the Civil Procedure Act

2. Determination as to the cause of action

A. The plaintiff asserts that the plaintiff did not enter into a sales contract with the defendant. On June 2002, the defendant asserted that the plaintiff was liable to the plaintiff merely because it was a nominal company, even though the plaintiff entered into a sales contract with C, a representative director, and paid 19,800,000 won.

B. 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 with respect to the claim that was the cause of the claim for 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, in a lawsuit of demurrer against a claim for a final and conclusive payment order, where the plaintiff claims that the defendant's claim had not been constituted, the defendant is liable to prove the cause of the claim, and where the plaintiff claims facts that fall under the disability or cause of extinction of the right, such as the invalidity or extinguishment of the claim as a false declaration of prior agreement

(see Supreme Court Decision 2010Da12852, Jun. 24, 2010). According to the health class, the Plaintiff’s registration as the representative director of C, from January 18, 2002 to January 15, 2003, can be acknowledged.

However, the fact that the defendant entered into a sales contract with C, and that the defendant paid 19,80,000 won to C, and that the defendant paid 19,80,000 won.