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The defendant's order for payment against the plaintiff was issued on December 30, 2016 by the High High Court of Gwangju District Court in order to pay the plaintiff to the plaintiff.
Reasons
Facts of recognition
On December 30, 2016, the Defendant asserted that “the Plaintiff and C agreed to pay KRW 6,056,763 to the Defendant on April 28, 2016 (2016 tea 271)” against the Plaintiff, C, and C Co., Ltd. D (hereinafter referred to as “the above company,” and the Plaintiff, C, and Non-Party Company together with “Plaintiff, etc.”), and applied for the payment order seeking payment of the agreed amount to the Defendant on April 28, 2016 (2016 tea 271). The court issued the order to pay the written order to the Plaintiff, etc. on the same day, and issued the order to pay the written order to the Plaintiff, etc. on which the said payment order became final and conclusive (hereinafter referred to as “the above payment order to the Defendant’s Plaintiff”) did not conflict between the parties, or by the purport of the entire evidence No. 1, No. 2, and pleading.
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 can be asserted in the lawsuit of objection against the payment order, and the burden of proof as to the reason for objection in the lawsuit of objection shall also be in accordance with the principle of allocation of burden of proof in the general civil procedure.
Therefore, in a lawsuit of demurrer against a claim for a final and conclusive payment order, where the plaintiff claims that the defendant's claim had not been constituted, the defendant is liable to prove the cause of the claim, and where the plaintiff claims facts that fall under the disability or cause of extinction of the right, such as the invalidity or extinguishment of the claim as a false declaration of prior agreement
(see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). For civil trials, it is already established even if it is not bound by recognized facts in other civil cases, etc.