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(영문) 인천지방법원부천지원김포시법원 2020.06.10 2020가단12
청구이의
Text

1. The defendant's compulsory execution against the plaintiff is denied based on the payment order before the court 2019 tea 2620.

2. This.

Reasons

The fact that the order of payment order of Paragraph 1 of this Article has become final and conclusive is remarkable in this court.

In the case of a final and conclusive payment order, the reason for failure, invalidation, etc. occurred 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 reason for objection to the claim should 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.

In this case, the plaintiff asserted that there was no transaction with the defendant, and the reason for the objection was asserted by the defendant, the defendant did not give any evidence to prove the cause of the claim based on the payment order.

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