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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The court's explanation on this part of the basic facts is the same as the corresponding part of the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420
2. 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 a lawsuit of demurrer 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 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
(2) According to the reasoning of the judgment below, the Defendant’s claim for the payment order of this case is recognized as damages arising from the deception of shares price, and the Plaintiff asserts that the Defendant did not have the Defendant’s damage claim in this case. As such, the Defendant ought to prove the fact of the cause of the damage claim, such as the Plaintiff’s fraud, inasmuch as the Defendant’s damage claim was not established.
The defendant asserts that the fraudulentation is merely an incidental and preliminary assertion while demanding the return of the stock price. However, as long as the defendant stated in the application of the instant payment order that "I have the right to request the payment order as stated in the purport of this purport, the reason for claiming the payment order of this case is damages."