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1. Revocation of the first instance judgment.
2. The defendant's judgment in the Changwon District Court of Msan branch against the plaintiff.
Reasons
1. The reasoning for this part of the judgment of the court is the same as that of the corresponding part of the judgment of the court of first instance, and thus, this part is cited by the main text of Article 420 of the Civil Procedure Act
2. The plaintiff's assertion and judgment
A. The gist of the Plaintiff’s assertion is that: (a) the Plaintiff did not borrow KRW 7 million from E; and (b) the money was paid by B (the Plaintiff’s omission) from E using the Plaintiff’s account as a performance fee for business affairs.
B. 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 the lawsuit of objection against the payment order with respect to the claim that was the cause of the claim for the payment order, and the burden of proof as to the grounds of objection in the lawsuit of objection shall also be in accordance with the principle of burden of proof distribution in the 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). In light of the aforementioned legal doctrine, it is recognized that, as seen earlier, E has urged the Plaintiff to pay a loan of KRW 7 million on January 25, 2017, E transferred KRW 5 million on January 26, 2017, and KRW 7 million on January 26, 2017.
However, the following circumstances are revealed in the evidence mentioned above and the evidence No. 4, i.e., the Plaintiff at the time of the transfer of this case, and the Plaintiff was alleged to have first met on August 18, 2017, where seven months have passed since the transfer of this case, and D loaned KRW 7 million by requesting the loan of this case under the name of living expenses.