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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
ex officio, we examine the legitimacy of the instant lawsuit.
A lawsuit of demurrer against a claim (Article 44 of the Civil Execution Act) refers to a lawsuit seeking the exclusion of executory power by asserting the substantive reasons as to a claim indicated in the executive title, such as a final judgment finalized by a debtor, etc.
An order for payment shall have the same effect as a final and conclusive judgment when there is no objection, withdrawal of an objection, or a decision to dismiss an objection becomes final and conclusive (Article 474 of the Civil Procedure Act), and since an order for payment in a final and conclusive state cannot serve as an effective executive title, a lawsuit of objection demanding the exclusion of
(1) According to the reasoning of the judgment below, the court below erred by misapprehending the legal principles of evidence Nos. 1, 2, 3, 6, 7, and 8, and by misapprehending the legal principles of evidence Nos. 1, 1, 2, 3, 3, 6, 7, and 8, and comprehensively taking account of the overall purport of arguments No. 1, 2, 2, 208, the payment order was issued as of June 24, 2008 by the Seoul Central District Court 2008Da36574. The plaintiff did not lawfully receive the above payment order on April 12, 2018. According to the following facts: "The plaintiff was presented to the defendant at the rate of 1,50, 250 per annum from the day following the Seoul Central District Court 2018Da189613, Aug. 23, 2018.