1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. Basic facts

A. On March 2, 2015, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff as the grounds for the claim indicated in the attached Form No. 2015Ra37 with the Gangwon-gu District Court Branch of the Gwangju District Court. On the same day, the said court issued a payment order with the purport that “the Plaintiff shall pay to the Defendant the amount of KRW 31,248,950 and the amount calculated at the rate of 6% per annum from August 1, 2014 to the date of service of the original copy of the payment order, and 20% per annum from the next day to the date of full payment (hereinafter “instant payment order”). The instant payment order was finalized on March 19, 2015.

B. The plaintiff is the mother of C.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, testimony of witness C of the first instance trial, purport of whole pleadings

2. The plaintiff's assertion and judgment

A. The gist of the Plaintiff’s assertion is only that the Plaintiff lent his name to allow the Plaintiff, who is a bad credit holder, to operate “D”, and the actual operator of “D” is C and the Defendant was well aware of such circumstances, and thus, the Plaintiff does not bear the obligation indicated in the instant payment order against the Defendant.

Therefore, compulsory execution based on the payment order of this case should not be permitted.

B. 1) Determination 1) In the case of a final and conclusive payment order where a claim for the instant payment order was made, the grounds for failure or invalidation, etc. occurred prior to the issuance of the payment order may 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 shall also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, if the plaintiff asserts that the claim was not constituted by the defendant in the lawsuit of objection against the established payment order, the cause of the claim shall be the defendant.