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. Facts of recognition;

A. The Plaintiff operated construction materials wholesale and retail business under the trade name of “C”, and the Defendant operated “D” as a human-tea company.

B. On April 19, 2007, the Plaintiff filed a payment order against the Defendant with Jeju District Court No. 2007 tea1525, and the Plaintiff received from the above court the payment order stating that “the Defendant shall pay to the Plaintiff 2,857,000 won with 6% per annum from October 28, 2004 to the service date of the original copy of this payment order, and with 20% interest per annum from the next day to the day of full payment” (hereinafter “advance payment order”). The above payment order was finalized on May 11, 2007.

C. On April 7, 2017, the Plaintiff applied for the instant payment order in order to block the expiration of the extinctive prescription period of the preceding payment order claim.

[Reasons for Recognition] Facts or absence of dispute with this court, Gap evidence No. 1, the purport of the whole pleadings

2. Determination as to the cause of action

A. The parties' assertion that the plaintiff sought payment of the unpaid amount of KRW 2,857,00,00, which is the prior payment order bond, to the defendant, but the defendant asserts that there is no obligation to pay the price of the goods since there is no transaction with the plaintiff.

B. Determination 1) Since the payment order became final and conclusive and the res judicata does not arise even if it becomes final and conclusive, the obligor on the payment order may assert the absence or invalidity of the claim on the grounds prior to the issuance of the payment order. As such, in a case where the obligor asserts the absence of a claim on the payment order established, the obligee who requested the payment order, namely, the obligee who requested the payment order, bears the burden of proving the existence or establishment of the claim. 2-4 in full view of the following circumstances acknowledged, the Plaintiff, like the contents of the preceding payment order, has a claim for the amount of KRW 2,857,00 against the Defendant.

1. The defendant is in Western E around October 2004.