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1. The defendant's payment order against the plaintiff is based on the Seoul Central District Court Order 2004Ka70521 dated December 31, 2004.
Reasons
1. Facts of recognition;
A. A. Around June 21, 2002, the Defendant: (a) determined KRW 2,400,000 to be due and payable to the Plaintiff on July 15, 2002 and the interest rate of KRW 60 per annum; and (b) lent the Plaintiff (hereinafter “instant loan”).
B. The defendant filed an application against the plaintiff for a payment order claiming the payment of principal and interest of the loan of this case with the Seoul Central District Court 2004Ka70521, and the above court on December 31, 2004, "the plaintiff shall pay to the defendant 5,280,000 won and damages for delay of KRW 2,40,000 among them" (hereinafter "the payment order of this case"), and the above payment order was finalized on January 27, 2005.
C. On September 13, 2012, the Plaintiff paid KRW 3,000,000 to the Defendant with the repayment of the instant loan (hereinafter “instant payment”).
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. Determination on the cause of the claim
A. The burden of proof as to the grounds for objection in a lawsuit seeking objection should also be in accordance with the principle of allocation of burden of proof in 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
(Supreme Court Decision 2010Da12852 Decided June 24, 2010). B.
Judgment
In light of the above legal principles, the above facts of recognition are as follows: (a) the defendant filed an application against the plaintiff for entry in the defaulters' list as Seoul Central District Court 2007Kao1962 on June 8, 2007, based on the payment order of this case, and filed the plaintiff from the above court on June 8, 2007.