1. The defendant's transfer money case against the plaintiff of Busan District Court (2008 tea5219) on July 30, 2008.

1. Basic facts

A. The Defendant asserted that the Plaintiff has a claim for the amount of KRW 50 million, and filed an application for payment order with the Busan District Court 2008 tea5219 against the Plaintiff. On July 30, 2008, the Plaintiff from the above court to the Defendant for payment of KRW 50 million with the payment order of KRW 20% per annum from the day after the original copy of the instant payment order was delivered to the Defendant to the day of complete payment. The payment order of this case is the payment order of this case.

B) received. B. The instant payment order was served on the Plaintiff on August 6, 2008, and became final and conclusive on August 21, 2008. [The fact that there is no dispute over the grounds of recognition, Gap evidence No. 4, Eul evidence No. 1, and the purport of the entire pleadings.]

2. Determination

A. Although the payment order of relevant legal principles became final and conclusive and the res judicata does not take place, the said legal doctrine does not apply to a lawsuit seeking an objection, and thus, the said legal doctrine does not apply to a lawsuit seeking an objection based on the time limit of res judicata (Article 58(3) of the Civil Execution Act). As such, the failure or invalidation of a claim prior to

In a lawsuit of demurrer against a final and conclusive payment order, the plaintiff is liable to prove the cause of the claim to the defendant when the plaintiff asserts that the claim has not been established.

(See Supreme Court Decision 2010Da12852 Decided June 24, 2010). B.

Facts of recognition

1) C and D operating B are the Yangsan Integrated Construction Co., Ltd. (hereinafter “ Yangsan Comprehensive Construction”).

B) From September 5, 2007, the officetel Nos. 1108 and 1204 (hereinafter “each of the instant real estates”) in the name of payment and satisfaction of the contract price bonds.

(2) On September 18, 2007, the Defendant lent 50 million won to C on a contract for sale in lots and a written confirmation of the completion of sale in lots. The Defendant acquired the right to each of the instant real estate from C under the pretext of transfer for security, and thereafter notified the total construction in mass industry at that time.

3. On the other hand, Yangsan Construction is the comprehensive construction in 2007.