1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts and

2. The grounds for the court’s explanation on this part of the parties’ assertion are as stated in the reasoning of the judgment of the court of first instance, and this part is cited by the main text of Article 420 of the Civil Procedure Act.

3. Determination as to the cause of action

A. Since the relevant legal principles have become final and conclusive and the res judicata does not arise even if the payment order has become final and conclusive, the obligor on the payment order may assert the absence or invalidity of the claim on the grounds prior to the issuance of the payment order. As such, where the obligor claims the absence of the claim on the payment order established and files a lawsuit of objection against the claim, the burden of proof as to the existence or establishment of the claim lies on the obligee who requested the payment order, i.e.

B. In light of the following circumstances acknowledged by each of the above evidence, it is recognized that the Defendant lent KRW 45,00,000 to the Plaintiff. Thus, the Defendant’s claim of this case by the Defendant on a different premise is without merit.

1) Since the deposit amount of approximately KRW 23,500,000 on September 2, 2004, the passbook of this case was deposited in approximately KRW 33,00,000 for about one month, and the balance of KRW 12,00,00 was recorded on the wind deposited by the Defendant for about 1 month. On September 2, 2004, the Plaintiff received the passbook of this case from the Defendant and used at will before full payment of the bid price of this case on October 12, 2004. 2) The Defendant provided the bid deposit amount of KRW 23,50,000,000 on the real estate of this case through the Plaintiff to the Defendant’s money of KRW 23,50,000,000 on the bid deposit amount of KRW 164,50,000,000 on the real estate of this case as security, and thus, the Defendant provided the real estate of this case to the Young Livestock Industry Association of KRW 3005,0005,0000.

However, on October 12, 2004, the date of payment of the successful bid price of the instant real estate, the KRW 40,000,000 is deposited again in the instant passbook.