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The defendant's Jinwon District Court of Jinwon branch of the Jinwon District Court of 2019j95 has the executive force of the purchase price of goods.
Reasons
1. Determination as to the cause of claim
A. 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 a lawsuit of objection against the payment order with respect to the claim that became 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.
In a lawsuit of demurrer against a final and conclusive payment order, where the plaintiff claims that the defendant's claim had not been constituted, the plaintiff is liable to prove the cause of the claim to the defendant, and where the plaintiff claims facts that fall under the disability of the right or the cause of extinction, such as the invalidity or extinguishment of the claim as a false declaration of conspiracy,
(See Supreme Court Decision 2010Da12852 Decided June 24, 2010). B.
As to whether a claim for the payment order of this case is established, the defendant bears the burden of proving whether the claim for the payment order of this case is established, but the defendant fails to submit any evidence as to whether the above claim for the price exists, and there is no evidence to acknowledge the above claim.
Therefore, compulsory execution based on the original copy of the instant payment order with the Defendant’s executory power is not permissible.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.