1. The Defendant’s repayment of loans to the Plaintiff by the Busan District Court Branch of the Incheon District Court, Kimpo-si, Kimpo-si, 2018.

1. On January 30, 2018, the Defendant applied for a payment order against the Plaintiff to the Busan District Court Branch of the Incheon District Court Decision 2018Hu275, the Kimpo-si, Kimpo-si, and applied for a payment order seeking a loan from the above court on January 30, 2018 (hereinafter “instant payment order”) to the effect that “the Plaintiff in this case against the obligee would pay KRW 96 million and delay damages to the Defendant in this case” (hereinafter “instant payment order”) and the fact that the said decision became final and conclusive on February 20, 2018 does not conflict between the parties.

2. The plaintiff's assertion and judgment asserted that, since there is no loan claim against the defendant on the payment order of this case, compulsory execution based on the above payment order of this case should be rejected.

On the other hand, the final and conclusive payment order does not have res judicata effect and the debtor can file a lawsuit of objection on the grounds before the payment order becomes final and conclusive such as non-existence of a claim (Article 58(3) of the Civil Execution Act). If the debtor in the payment order files a lawsuit of objection by asserting the non-existence of a claim, the creditor must prove the existence of the claim in accordance with the general principle of burden of proof. The evidence submitted by the defendant alone is insufficient to recognize the loan of KRW 96 million against the plaintiff by the defendant.

Therefore, since the plaintiff's obligation under the payment order of this case against the defendant is non-existent, compulsory execution based on the payment order of this case should not be permitted.

3. In conclusion, the claim of this case is justified and it is so decided as per Disposition.