1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Defendant filed an application against the Plaintiff for payment order stating that “The Plaintiff shall jointly and severally with the Defendant KRW 17,834,455, KRW 709, out of KRW 7,558,709, and KRW 2,173,766, the Defendant shall pay damages for delay at the rate of 17% per annum from May 11, 2016 to the date of full payment.”

B. On July 13, 2016, this court issued an order to pay “the Plaintiff shall jointly and severally with B to the Defendant KRW 7,558,709 out of KRW 17,83,455 and KRW 2,173,766 at the rate of 17% per annum from May 11, 2016 to the date of full payment.” The payment order was served on the Plaintiff on July 18, 2016, and became final and conclusive on August 2, 2016.

[Reasons for Recognition] The whole purport of the pleading

2. The plaintiff's assertion is merely a guarantee for B's obligation to borrow loans, and the plaintiff does not borrow money.

It has been 20 years since the plaintiff became a guarantor for the loan debt of B.

The defendant received full repayment of the debt from B.

The Plaintiff was unable to receive the payment order from the Seoul Central District Court 2016 tea20550.

3. In the case of a final and conclusive payment order, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of objection against the payment order with respect to the claim which became the cause of the claim of 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 cases where the plaintiff claims that the defendant's claim was not established in a lawsuit claiming objection against the final payment order, the plaintiff is liable to prove the cause of the claim to the defendant, and where the plaintiff claims the fact that the claim was invalid or extinguished as a false declaration of conspiracy or due to repayment, etc., the plaintiff is liable to prove such fact.