청구이의
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport 1.1.
1. The court's explanation on this part of the facts of recognition is identical to the corresponding part of the reasoning of the judgment of the court of first instance, except for the case where the "A" of No. 2, No. 13 of the judgment of the court of first instance is used as "G", and the "A" of No. 16 to No. 17 of the judgment of the court of first instance is used as "Y, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Ha."
2. Determination
A. (1) The plaintiff asserts that there is no responsibility for the accident of this case caused by the operation of the above dump truck, which is the insured vehicle of the defendant, and that compulsory execution based on the payment order of this case premised on the defendant's liability for compensation prohibition against the defendant should be rejected only on the part exceeding KRW 31,003,525, which the defendant completed the execution in accordance with the above seizure and collection order.
(2) In the case of a final and conclusive payment order, the grounds for failure or invalidation, etc. arising prior to the issuance of the payment order can be asserted in a lawsuit of objection against the payment order. In the lawsuit of objection, the burden of proof as to the grounds for objection in the lawsuit of objection shall be in accordance with the principle of allocation of burden of proof in 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
(3) As to the instant case, the health unit, the Defendant, and the Plaintiff, even if a construction vehicle is shocked, shall not use the safety pen.