1. The defendant's case concerning the defendant's 2019 Asan City Court 2019Gapo304 agreed amount against the defendant's plaintiff.

1. On January 15, 2019, the Defendant filed a lawsuit against the Plaintiff for the claim for the agreed amount (hereinafter “related case”) with the Daejeon District Court Branch 2019Gaso304, the Plaintiff, with respect to the relevant case from the said court, “Plaintiff A shall pay to Defendant B the amount equivalent to 15% per annum from the day after the copy of the complaint is served to Defendant B and the day of complete payment (hereinafter “the instant decision on performance recommendation”). The decision on performance recommendation was served on January 25, 2019, and the instant decision on performance recommendation became final and conclusive as is February 9, 2019, with respect to the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings

2. The summary of the Plaintiff’s assertion did not agree to pay KRW 10,000 to the Defendant. The Defendant’s claim against the Plaintiff stated in the instant decision on performance recommendation does not exist, and thus, compulsory execution based on the instant decision on performance recommendation should be denied.

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, 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

Supreme Court Decision 201No. 24, 201