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(영문) 서울북부지방법원 2017.08.23 2016가단41668
청구이의의 소
Text

1. The Defendant’s payment order against the Plaintiff is based on the original payment order for service costs in Seoul Northern District Court 2016 tea 4752.

Reasons

1. In the case of a final and conclusive payment order, the grounds for failure or invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of demurrer against the payment order with respect to the claim which became the cause of the claim of the payment order, and the burden of proof as to the grounds of objection in the lawsuit of objection shall also be in accordance with the principle of allocation of burden of proof in the general civil procedure;

Therefore, if the plaintiff asserts that the claim was not constituted by the defendant in a lawsuit claiming objection against the established payment order, the defendant is liable to prove the cause of the claim.

(2) On June 24, 2010, the Defendant asserted that compulsory execution under the instant payment order is justifiable, since the Defendant had a claim for construction price of KRW 5,801,50,00 not paid by the Plaintiff regarding Seo-gu C Corporation project in Yongsan-gu, Seo-gu. As such, it is not sufficient to acknowledge the Defendant’s assertion on the sole basis of each of the items of evidence Nos. 1 through 8, and there is no other evidence to prove otherwise.

3. citing the Plaintiff’s claim, and authorizing this Court’s decision to suspend compulsory execution.

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