1. The defendant's order for payment of loans against the plaintiff was based on the Daejeon District Court 2010j26.

1. Basic facts

A. On February 11, 2010, the Defendant lent KRW 7 million to C as this Court No. 2010 tea 26 against the Plaintiff and the Plaintiff’s spouse, and the Plaintiff asserted that he/she jointly and severally guaranteed the above obligation, and applied for a payment order seeking payment of KRW 7 million and delayed payment damages, and received the payment order with the same content from the above court (hereinafter “instant payment order”).

B. On March 25, 2010, the Plaintiff served the original copy of the instant payment order, and the said payment order was finalized on April 9, 2010 because the Plaintiff did not raise an objection.

C. Upon filing an application for the instant payment order, the Defendant submitted the loan loan certificate (hereinafter “the loan certificate of this case”) together. The Plaintiff’s name, telephone number, resident registration number, and signature were written in the column for joint and several sureties of the loan certificate of this case.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The loan certificate of this case was prepared by C, who is the Plaintiff’s spouse, without the Plaintiff’s consent, and there was no joint and several liability for the above loan obligation against C. Therefore, compulsory execution based on the payment order of this case should be denied. 2) The Defendant’s assertion C prepared the loan certificate of this case with the Plaintiff’s consent, and even if there was no fact, the Plaintiff ratified it, and thus, the Defendant is liable to pay the above joint and several liability to the Plaintiff.

B. In the case of a final and conclusive payment order, the grounds for failure or invalidation that occurred prior to the issuance of the payment order can be asserted in the lawsuit of objection against the payment order, and the burden of proof as to the grounds for objection in the lawsuit of objection is also in accordance with the principle of burden of proof distribution in general civil procedure.