1. The instant lawsuit shall be dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. We examine the legality of the instant lawsuit ex officio by relevant legal principles.

A lawsuit of demurrer against a claim (Article 44 of the Civil Execution Act) refers to a lawsuit seeking the exclusion of executory power by asserting the substantive reasons as to a claim indicated in the executive title, such as a final judgment finalized by a debtor, etc.

An order for payment shall have the same effect as a final and conclusive judgment when there is no objection, withdrawal of an objection, or a decision to dismiss an objection becomes final and conclusive (Article 474 of the Civil Procedure Act), and since an order for payment in a final and conclusive state cannot serve as an effective executive title, a lawsuit of objection demanding the exclusion of

(2) On November 15, 2012, in full view of the following circumstances acknowledged by the purport of each entry and the entire argument in the statement and evidence Nos. 1, 4, 5, 6, and No. 1 (including the serial numbers) of the payment order in the case of the Incheon District Court No. 2018 (Seoul District Court Decision 2012Da70012, Nov. 15, 2012), the payment order in the case of the advertising price No. 2018 (hereinafter “instant payment order”) of the Defendant’s District Court No. 2018 (hereinafter “instant payment order”) is not legally delivered to the Plaintiff, and thus, the service is invalid or the payment order becomes null and void by the Plaintiff’s subsequent objection even if it does not so (see Supreme Court Order 2008Ma338, Apr. 24, 2008). Therefore, the lawsuit of this case against the instant payment order is not allowed.

① On January 30, 2018, C, the representative director of the Plaintiff, resigned, and D, was appointed.

On February 2, 2018, the above resignation and appointment registration were completed.

② On February 14, 2018, when applying for a payment order to the Plaintiff, the Defendant entered the address indicated in C as the representative director of the Plaintiff, and C as the address of service of the Plaintiff, and the certified copy of the register of the Plaintiff was not attached.

A defendant has submitted an amendment on February 20, 2018.