1. The defendant's case concerning the defendant's appeal against the plaintiff of Daejeon District Court of the Daejeon District Court of the ASEAN case of the 2019th 15th Kasan District Court.

1. Basic facts

A. On November 17, 2017, the Plaintiff borrowed KRW 5,000,00 from the Defendant respectively (hereinafter “the instant loan”). The Plaintiff borrowed KRW 5,00,000,00 from the Defendant as of May 16, 2018, and as of December 8, 2017, the interest rate of KRW 5% on December 8, 2017, and the due date of payment as of May 7, 2018.

B. On January 8, 2019, the Defendant filed an application against the Plaintiff for a payment order with respect to the loan loan case No. 2019j15 (hereinafter “related case”) with the Daejeon District Court Branch of the Busan District Court (hereinafter “Seoul District Court”), and the Plaintiff, with respect to the relevant case from the said court, the payment order issued on January 9, 2019 (hereinafter “instant payment order”) by the Plaintiff, stating that “the Plaintiff shall pay to the Defendant KRW 7,300,000 and the amount equivalent to 15% per annum per annum from the day following the delivery of the original copy of the relevant case to the day of complete payment.” The instant payment order was finalized on January 30, 2019.

[Ground for recognition] Facts without dispute, entry of Gap evidence 2 (including evidence with a provisional number; hereinafter the same shall apply), purport of whole pleadings

2. The summary of the Plaintiff’s assertion is that the Defendant’s claim against the Plaintiff indicated in the instant payment order is nonexistent because the Plaintiff fully repaid the loan debt of this case, and thus, compulsory execution based on the instant payment order shall be rejected.

3. Determination

A. In the case of a payment order for which relevant legal principles have become final and conclusive, the grounds for failure or invalidation that occurred prior to the issuance of the payment order may be asserted in the lawsuit of demurrer 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 burden of proof distribution in general civil procedure.

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