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1. Revocation of the first instance judgment.
2. The instant lawsuit was filed on December 29, 2014 with the Court as of December 29, 2014.
Reasons
1. On December 29, 2014, the above court issued a payment order (hereinafter “instant payment order”) to the Plaintiff on January 2, 2015, where the Plaintiff filed an objection against the Defendant for a payment order seeking a loan with the Daegu District Court 2014 tea1774 and the said court paid KRW 4,50,000 and the amount calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of complete payment. The above payment order was served on the Defendant on January 2, 2015, and the fact that the Defendant filed the above written objection with the court on January 20, 2015 is clear.
2. The payment order has the same effect as a final and conclusive judgment if the debtor does not raise an objection within two weeks from the date when the payment order of this case became final and conclusive and the debtor is served with a payment order, and the two-way period is a peremptory period
(Article 470 and Article 474 of the Civil Procedure Act). According to the above facts, the instant payment order became final and conclusive on January 17, 2015 as the period of two (2) filing a formal objection has expired from the date the Defendant was served with the Defendant.
However, the defendant submitted a written objection only on January 20, 2015, which was after the payment order became final and conclusive, and there is no circumstance to acknowledge that the defendant's submission of a written objection beyond the period of objection due to reasons not attributable to the defendant.
Therefore, the defendant's objection is unlawful as being raised beyond the period.
3. In conclusion, the lawsuit of this case is deemed to have been terminated upon the decision of the payment order of this case, and the defendant's objection shall be dismissed in an unlawful manner. Since the judgment of the court of first instance is unfair with different conclusions, the judgment of the court of first instance shall be revoked, and the defendant's objection shall be dismissed, and it is so decided as per Disposition.