1. The defendant's compulsory execution against the plaintiff is enforced according to the payment order for the Busan District Court's Dong Branch of Busan District Court 2014Hu5748.

1. The following facts are acknowledged according to the contents of Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 1-3, 3, and 4 and the purport of the whole pleadings.

A. On October 12, 2001, Hyundai Capital Co., Ltd. (hereinafter “Moman Capital”) loaned money to the Plaintiff on October 12, 2001.

B. On July 16, 2004, Hyundai Capital, as Busan District Court Branch 2004Gaso93436, filed a lawsuit seeking the repayment of the above loan against the Plaintiff, and the said lawsuit was concluded upon the determination of performance recommendation as requested by Hyundai Capital.

C. On January 5, 2009, Hyundai Capital transferred the claim against the Plaintiff for the above loan to the Defendant. On June 20, 2014, the Defendant filed an application for payment order based on the above loan claim against the Defendant with the Busan District Court Branch Branch of Busan District Court Decision 2014Hu5748, Jun. 20, 2014, and the said payment order became final and conclusive because the Plaintiff did not object to the delivery of the payment order.

(hereinafter “instant payment order”). 2. The Plaintiff asserted that compulsory execution based on the instant payment order, which is based on the premise that there was a legitimate notification of assignment of claims, should be denied, as the Plaintiff was not notified of the assignment of claims between Hyundai Capital and the Defendant.

In a lawsuit of demurrer against a claim for a final and conclusive payment order, not only the extinguishment of the claim after the issuance of the payment order, or the grounds preventing the exercise of the claim, but also the failure or invalidity of the claim before the issuance of the payment order, etc., becomes a ground for objection. The burden of proof as to the grounds for objection is in accordance with the principle of the burden of proof distribution in general civil procedure. Therefore, in a lawsuit of demurrer, where the plaintiff asserts that the claim was not constituted a claim of the defendant, the defendant

(see, e.g., Supreme Court Decisions 2006Da73966, Jul. 9, 2009; 2010Da12852, Jun. 24, 2010). Moreover, the assignment of claims is subject to the transfer of claims.