1. The Defendant’s payment order against the Plaintiff was issued on October 22, 2015 by the Changwon District Court Msan Branch for the Defendant’s Plaintiff.

1. Facts of recognition;

A. The Defendant from July 9, 2012 to the same year

8. Until October 14, 200, in the case of goods prices for the Changwon District Court Branch Branching 2015 tea1851, which filed against the Plaintiff on the ground of the claim that the Lebin Co., Ltd. supplied 143 cubic meters (hereinafter “ the instant Lebin”), the said court notified the Plaintiff of the payment order ordering the payment of KRW 8,345,650 and delay damages therefor (hereinafter “instant payment order”) on October 22, 2015, and the said payment order was finalized after it was served at the seat of the head office of the non-party Co., Ltd. (hereinafter “non-party Co., Ltd.”) (hereinafter “non-party Co., Ltd.”) other than the Plaintiff’s domicile.

B. The Plaintiff, who was appointed as the representative director of the non-party company, retired on February 11, 2013, and around October 22, 2015, the Plaintiff was not the representative director of the non-party company.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's judgment on the plaintiff's claim asserts that the plaintiff's provision of the ready-mixed in this case from the defendant is not a non-party company but a representative director at the time, and therefore, the defendant's compulsory execution based on the payment order in this case under the premise that the plaintiff has a claim for the price of goods against the plaintiff.

The defendant asserts that at the time of the supply of ready-mixed, the plaintiff did not raise an objection to the payment order of this case in the sense that the plaintiff agreed to assume the responsibility for the payment of the goods and recognized the obligation for the payment of the goods.

B. Therefore, 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. In the lawsuit of objection, the burden of proof as to the grounds for objection in the lawsuit of objection shall be in accordance with the principle of allocation of burden of proof in general civil procedure.