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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The payment order for the construction cost payment case against the Plaintiff by the Defendant’s assertion against the Plaintiff was finalized, but the Defendant’s claim for the payment order was not constituted a claim for the above payment order. Therefore, compulsory execution based on the above payment order should be denied.
2. In the case of a payment order for which relevant legal principles have become final and conclusive, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of demurrer against the payment order (see Articles 58(3) and 44(2) of the Civil Execution Act). 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 a lawsuit claiming objection against the established payment order, the defendant is liable to prove the cause of the claim.
(See Supreme Court Decision 2010Da12852 Decided June 24, 2010). On March 24, 2010, the Defendant’s order for payment of the construction cost case No. 20133 against the Plaintiff was finalized between the Plaintiff and the Plaintiff, and the cause of the Defendant’s claim for the payment order is no dispute over the Defendant’s claim for the payment order.
Since the Plaintiff asserts that the claim for payment order was not established by the Defendant, the Defendant is responsible for proving the cause of the claim to the Defendant in accordance with the above legal doctrine. In full view of the purport of the entire pleadings in the statement Nos. 1 and 2, the Defendant was unable to pay KRW 19,000,000 to the Defendant on Aug. 7, 2013 as the price for the foundation of a company for the foundation of a E church, and the payment is guaranteed in installments and is not paid until Oct. 30, 2013 at the pertinent site.