The defendant's payment order against the plaintiff was based on the Seoul Western District Court 2009 tea 10053.

1. Facts of recognition;

A. On February 10, 1999, the Defendant filed a lawsuit against the Plaintiff for a loan claim under the Seoul District Court Branch 98Gadan4363, the Defendant was sentenced to a judgment that “the Plaintiff shall pay to the Defendant 22 million won and the amount equivalent to 25% per annum from December 6, 1998 to the full payment date”.

(The above judgment became final and conclusive on March 11, 1999). B

On September 9, 2009, the Defendant applied for a payment order for loans under Seoul Western District Court Decision 2009Guj10053, and the above court accepted the above application and issued an order to pay 22,00,000 won per annum from December 6, 1998 to December 14, 2009, and 25% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment. The above payment order (hereinafter “instant payment order”) was finalized on December 29, 209.

C. On April 17, 2015, the Defendant filed an application for a seizure and collection order with the Seoul Central District Court 2015TTTT10246 regarding (deposit) claim against the Plaintiff’s new bank, etc., with the title of execution of the instant payment order as the title of execution.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence No. 1, the purport of the whole pleadings

2. In the case of a claim and a final and conclusive payment order, the grounds for failure or invalidation that occurred before the issuance of the payment order can be asserted in a lawsuit of objection against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). In this sense, res judicata effect on the payment order is not acknowledged.

(Supreme Court Decision 2006Da73966 Decided July 9, 2009). The burden of proof as to the grounds for objection in a lawsuit of demurrer ought to be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, it is against the finalized payment order.