1. Revocation of the first instance judgment.

2. The Defendant’s Jeju District Court 2018j. 4914 damages against the Plaintiff.

1. Facts of recognition;

가. 원고는 2015. 12. 2. 22:40경 제주시 D에 있는 E박물관 부근에서 피고가 운행하는 C 택시에 탑승하였다가, 22:50~23:00경 F아파트에 도착하여 택시에서 하차한 후 위 택시의 바퀴를 1~2회 발로 찼다.

B. On November 7, 2018, the Defendant filed an application against the Plaintiff for a payment order (No. 2018, Jeju District Court No. 2018, No. 4914) with the purport that “the Plaintiff damaged the front side of the driver’s seat and the part of the driver’s seat on two occasions,” claiming the repair cost of KRW 467,610, and damages for delay thereof, and the said court issued the payment order (hereinafter “instant payment order”) on the same day.

C. On November 28, 2018, the Plaintiff received the original copy of the instant payment order and did not raise an objection within two weeks thereafter. The instant payment order was finalized on December 13, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. Since the defendant's claim for damages against the plaintiff does not exist, compulsory execution based on the payment order of this case shall be dismissed.

B. 1) Whether the Defendant’s claim for damages is established or not is asserted that the Plaintiff’s claim was not established in a lawsuit seeking objection against the payment order finalized by relevant legal principles (see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010). 2) The Defendant is liable to prove the cause of the claim to the Defendant (see, e.g., Supreme Court Decision 2010Da12852, Jun. 24, 2010).