1. The Defendant’s order for payment was issued by the Changwon District Court 2017Da7555, Changwon District Court 2017Da7555.

1. On April 2016, the Defendant filed a claim against the Plaintiff for payment order of KRW 21,00,000 against the Plaintiff, claiming that the Plaintiff paid KRW 21,00,000 of the construction cost among the new construction works of Nonparty C’s building, and that the Defendant claimed payment order of KRW 21,00,000 from the Plaintiff.

The payment order was served on the Plaintiff on September 26, 2017, and it was finalized on October 11, 2017.

[Reasons for Recognition] The plaintiff's objection is without dispute. 2. The plaintiff asserts that the plaintiff did not have any obligation to pay the construction cost claimed by the plaintiff because he did not have subcontracted the relevant land construction work.

3. Determination

A. 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 a 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 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.

(Supreme Court Decision 2010Da12852 Decided June 24, 2010)

B. The Defendant asserts that Nonparty D, who served as the director of the Plaintiff’s division on April 2016, made a verbal subcontract to the Defendant on behalf of the Plaintiff.

In order to perform the geothermal construction, the area of the underground heat pipe shall be installed, and the underground heat pipe shall be installed.

The defendant, known that the above C should be constructed a new building, recommended the plaintiff as the construction company by way of heating to the defective new building.

Plaintiff

The non-party D, who was the director in charge of the company, shall consult with the defendant with respect to the heating construction of the C by the introduction of the defendant, and the defendant shall pay the construction cost for the part that the defendant will work.