1. The instant lawsuit shall be dismissed.

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

ex officio, we examine the legitimacy of the instant lawsuit.

Where a debtor raises an objection against a distribution schedule prepared in the distribution procedures, the debtor who has raised an objection against a creditor who does not have an executory exemplification of executive titles shall file a lawsuit of demurrer against distribution, and the debtor who has raised an objection against a creditor who has an executory exemplification of executive titles shall file a lawsuit of objection against a claim.

(Articles 256 and 154(1) and (2) of the Civil Execution Act. If a debtor who has raised an objection against a creditor who has an executory exemplification of executive titles files a lawsuit of demurrer against distribution, not a lawsuit of demurrer against a claim, the said lawsuit shall be dismissed on the ground that it does not meet the requirements for lawsuit,

(1) In light of the above legal principles, the defendant applied for a payment order against the plaintiff as the early branch court in Chuncheon District Court 2009Da315 on April 13, 2009, for the payment order on the ground that "the plaintiff has received KRW 90 million from April 30, 2008 to KRW 20,000,000 from April 30, 2008, and KRW 20,000,000 from April 30, 200 to the date of complete payment, the defendant received the payment order at the rate of KRW 30% per annum from April 30, 2008 to the date of complete payment, and the defendant applied for the payment order at the court 206,50,000,000 from April 30, 200 to the date of complete payment, and the defendant may obtain the payment order at the same time of 205,616,500,000,000 per annum of the above payment order from the defendant.

Therefore, the instant lawsuit is dismissed.