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1. The payment order for the Defendant’s use fee claim against the Plaintiff is the payment order for the Busan District Court’s Dong Branch 2019 tea 8851.
Reasons
1. Facts of recognition;
A. The Defendant filed an application with the Plaintiff for a payment order against the Plaintiff as Busan District Court Branch Branch 2009Ra819, and on February 11, 2009, the above court rendered a payment order (hereinafter “pre-payment order”) with the Defendant that “the Plaintiff shall pay to the Defendant KRW 25,00,000 and interest at the rate of 20% per annum from the day after the original copy of this payment order was served to the day of full payment.” The above payment order was finalized on March 4, 2009.
B. On March 5, 2019, the Defendant applied for the payment order against the Plaintiff on March 5, 2019 to suspend the prescription of the usage fee claim based on the preceding payment order. On March 6, 2019, the said court issued the payment order on March 6, 2019 (hereinafter “instant payment order”). The instant payment order became final and conclusive on March 26, 2019 as the Plaintiff did not raise an objection within two weeks from the date of receipt of the said payment order.
C. On March 27, 2019, the Plaintiff filed an objection to the instant payment order and implemented it as litigation procedures in Busan District Court Branch 2019DaDa319149, but the said court dismissed the Plaintiff’s objection on November 27, 2019, and the said judgment became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1 and 2 (including paper numbers), the purport of the whole pleadings
2. Determination
A. In the case of a final and conclusive payment order as to the cause of claim, the grounds such as failure or invalidation that occurred prior to the issuance of the payment order can be asserted in a lawsuit of demurrer against the payment order. In the lawsuit of objection, the burden of proof as to the cause of claim objection shall be in accordance with the principle of allocation of burden of proof in general civil procedure.
Therefore, the plaintiff did not establish the defendant's claim in the lawsuit of objection against the established payment order.