1. The Defendant’s payment order (Seoul Eastern District Court) was issued against the Plaintiff on August 23, 2013 by the Seoul Eastern District Court (2013J 34223).

Basic Facts

In full view of the respective descriptions and arguments, the Defendant filed an application with Seoul Eastern District Court for a payment order of KRW 10,132,442 and KRW 3,593,065 among them. The Defendant asserted that “the national bank of a stock company loaned KRW 3,593,065 to the Defendant, and on May 20, 2004, transferred the above principal and interest interest claim to the Promotion Savings Bank Co., Ltd., and on June 15, 2011, the Promotion Savings Bank re-transfer the above principal and interest claim to the Plaintiff on August 23, 2013, the above court issued the payment order of KRW 10,593,065 (hereinafter “instant payment order”). It is recognized that the payment order was served on the Plaintiff on September 9, 2013 and it became final and conclusive on September 24, 2013.”

In the case of a final and conclusive payment order as to the cause of a claim, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of objection against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). In the lawsuit of objection, the burden of proof as to the cause of objection in the lawsuit of objection shall be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, in a lawsuit of demurrer against a claim for a final and conclusive payment order, where the plaintiff claims that the defendant's claim had not been constituted, the defendant is liable to prove the cause of the claim, and where the plaintiff claims facts that fall under the disability or cause of extinction of the right, such as the invalidity or extinguishment of the claim as a false declaration of prior agreement

(see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). According to the above recognition, the Defendant obtained a loan from a national bank, and the Defendant obtained a loan from the national bank, and the above loan claim is a national bank, a bank, and a promotion savings bank.