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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On October 31, 2011, the Defendant reported a marriage on July 22, 201, and the Plaintiff (the Plaintiff and C reported a marriage on July 22, 201, but reported a divorce on August 22, 2014.
Busan District Court Order 201j20742 (hereinafter “instant payment order”) seeking payment of KRW 289,500,000 (hereinafter “instant payment order”).
(2) On November 28, 2011, the Defendant received the instant payment order on November 2, 201, and entered the Plaintiff’s name in the column of receipt when requested to sign the PDA for confirmation of receipt from the mail carrier who served the said payment order.
3) The instant payment order became final and conclusive on December 13, 2011, on the wind that the Defendant was unaware of the fact that he applied for the instant payment order, but could not file an objection during the period of filing an objection against the instant payment order. B. The Defendant’s seizure and collection process as the title of execution of the instant payment order as the title of execution of the instant payment order, and the Defendant’s third obligor Samsung Life Insurance Co., Ltd., Ltd., Ltd. (hereinafter “Tsung Life”) with the Suwon District Court as the title of execution.
(2) On October 23, 2014 and January 2, 2015, Samsung Bio-resources collected KRW 890,453 and KRW 5,131,44 respectively from the Plaintiff’s insurance contract cancellation refund of Samsung Bio-resources, and received KRW 6,021,897 (= KRW 890,453, KRW 5,131,444) as to the claim amount of insurance money, etc. as to the claim amount of insurance money, etc. against the claim amount of insurance money, etc. [based on recognition]: (a) the fact that there is no dispute; (b) the evidence prescribed in subparagraphs 1 through 7 (including the number of pages 1, 2, and 6); and (c) the purport of the whole pleadings.
2. Determination on the cause of the claim
A. Article 474 of the Civil Procedure Act is the same as a final and conclusive judgment.