A. The Defendant asserted that A had jointly and severally and severally guaranteed the debt of the non-party company B (hereinafter “non-party company”) under a lease contract between the Defendant and the non-party company B (hereinafter “non-party company”) on March 9, 2012, and filed an application for a payment order under 2012 tea7325 and the above court on October 24, 2012, that “A shall pay to the Defendant 285,393,580 won and its interest at the rate of 25% per annum from September 19, 2012 to the date of full payment (hereinafter “instant payment order”). The instant payment order was served to A on January 16, 2013, and became final and conclusive on January 31, 2013.

B. On November 20, 2013, A received a rehabilitation decision by Jeju District Court 2013dan14, which became a custodian on its own.

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 2 (including branch numbers, if any) and the purport of the whole pleadings

2. The parties' assertion and judgment

A. The summary of the Plaintiff’s assertion 1) The Plaintiff did not have any fact on the part of the Plaintiff, so compulsory execution based on the instant payment order should not be permitted. 2) According to the summary of the Defendant’s assertion, the Defendant’s employees’ seal imprint A’s seal impression affixed by the employees of the Defendant Company C, the employees of the Defendant Company entrusted with the authority of the Defendant Company A, and thereafter, A signed on the instant joint and several guarantee contract.

Therefore, A is responsible for joint and several sureties based on the contract of this case.

B. In the case of a final and conclusive payment order with the burden of proof 1, the grounds such as 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. In the lawsuit of objection, the burden of proof as to the grounds for objection in the lawsuit of objection is the principle of sharing the burden of proof in general civil procedure.