(영문) 서울동부지방법원 2020.02.13 2019가단8871

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(영문) 서울동부지방법원 2020.02.13 2019가단8871

청구이의

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1. The Defendant’s payment order against the Plaintiff was based on the Seoul East Eastern District Court 2015 tea 29371.

Reasons

1. Basic facts

A. On July 17, 2014, C prepared a loan certificate to the effect that KRW 10 million will be borrowed to the Defendant on October 16, 2014 and on April of interest (hereinafter “instant loan certificate”). The name and resident registration number of the Plaintiff are stated at the bottom of the instant loan certificate, and the Plaintiff’s seal is affixed thereto.

B. The Defendant filed an order against the Plaintiff and C to pay the borrowed amount pursuant to the loan certificate of this case with Seoul East District Court Decision 2015 tea29371. On November 19, 2015, the said court issued an order to pay KRW 10,000,000 with C jointly and severally with the Defendant, and the amount calculated at the rate of 15% per annum from November 24, 2015 to the date of full payment. The said order was finalized on December 8, 2015, as the Plaintiff did not file an objection even after receiving the order on November 23, 2019.

(hereinafter referred to as “instant payment order”). [The grounds for recognition] The fact that there is no dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings.

2. The assertion and judgment

A. The purport of the Plaintiff’s assertion is that the entry of the Plaintiff’s name and the seal of the Plaintiff’s name are forged or falsified without the Plaintiff’s consent. Since the Plaintiff’s husband’s loan obligations against the Defendant are not established, the instant payment order has no effect, and compulsory execution based thereon should be denied.

B. In the case of a final and conclusive payment order, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order may be asserted in the lawsuit of demurrer against the payment order, and the burden of proof as to the grounds for objection in the lawsuit of objection shall also be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, the plaintiff's claim is the defendant's claim in the lawsuit of objection against the finalized payment order.

유사 판례

-서울동부지방법원 2020.02.13 2019가단8871

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