1. The Defendant’s order for payment of loans, etc. was issued against the Plaintiff on May 25, 2016 by the Jeju District Court.

1. Determination as to the cause of claim

A. In the case of a final and conclusive payment order, the grounds for failure or invalidation that occurred prior to the issuance of the payment order can be asserted in the lawsuit of objection against the payment order. The burden of proof as to the grounds for objection in the lawsuit of objection is in accordance with the principle of the burden of proof distribution in the general civil procedure. Therefore, in the lawsuit of objection against the final and conclusive payment order, where the plaintiff asserts that the defendant's claim was not constituted in the lawsuit of objection against the payment order, the defendant is liable to prove the grounds for the claim.

(see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). B.

According to Gap evidence Nos. 1 and 2, the defendant filed an application for a payment order against the plaintiff for the payment of loans of KRW 39 million with the Jeju District Court 2016 tea522, on the ground that the plaintiff prepared the cash custody certificate as of July 11, 2008 and the cash custody certificate as of October 2, 2008 (hereinafter referred to as "each cash custody certificate of this case"), and the above court issued the payment order under the above application for the payment order (hereinafter referred to as "the payment order of this case") on May 25, 2016, and the payment order of this case was served on the plaintiff on June 24, 2016 and confirmed on July 9, 2016.

C. In light of the following circumstances that can be acknowledged by adding the overall purport of the pleadings to the statement of the evidence No. 3, namely, that the cash custody certificate of this case appears to have been prepared by C, and that the Defendant received each cash custody certificate of this case from C, not the Plaintiff, and that the Defendant did not confirm whether C directly prepares the cash custody certificate of this case to the Plaintiff at the time of issuance of each of the cash custody certificates of this case, or delegated C with the authority to prepare each of the cash custody certificates of this case.