1. The original copy of the payment order for the claim for reimbursement claim against the Defendant’s net B, Daegu District Court Branch Branching 2015j. 55.

1. On December 19, 2001, the Defendant entered into a credit guarantee agreement between B and B on December 29, 2001, each of the credit guarantee principal of which is KRW 52,60,000,000, and the credit guarantee principal of which is KRW 10,000,000 (hereinafter “the instant credit guarantee agreement”) and issued a written credit guarantee.

B was granted a loan twice by the Ulsan Agricultural Cooperative pursuant to each of the above credit guarantee certificates.

B In arrears with the principal and interest of loans, the Defendant lost the benefit of time, and on March 15, 2007, pursuant to each credit guarantee contract above, the Defendant subrogated to Ulle Agricultural Cooperatives for KRW 72,356,198.

On April 1, 2015, the Defendant filed an application for a payment order with respect to B by asserting that B has a claim for reimbursement upon subrogation under a credit guarantee contract concluded on December 29, 2001, which was concluded on April 1, 201, with the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office B as the debtor, and the Defendant filed the payment order on April 2, 2015 (hereinafter “instant payment order”).

Since April 28, 2015, B died on April 28, 2015, the instant payment order was served on the inheritor of B on May 14, 2015.

The plaintiffs (appointed parties) and the designated parties are the successors of B.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 to 8, the purport of the whole pleadings

2. Determination

A. (1) The judgment of the court of first instance was rendered in such a situation, since the filing of a lawsuit with the deceased as the defendant goes against the basic principles of the Civil Procedure Act requiring the rescue of the plaintiff and the defendant as opposing parties, and the substantial litigation relationship cannot be established.

Even if the judgment is valid, the judgment is null and void.

The same shall also apply where the defendant is alive at the time of filing a lawsuit but dies before a copy of the complaint is served thereafter.

This legal principle also applies to a payment order in which a deceased person is a debtor.

An application for a payment order with the deceased as a debtor.