1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Facts of recognition;

A. On February 10, 2012, the Defendant asserted that the Plaintiff lent KRW 165 million to the Plaintiff, and applied for a payment order seeking payment of KRW 165 million against the Plaintiff on March 25, 2014.

B. On April 1, 2014, this Court issued an order for payment (hereinafter “instant order for payment”) stating that “The Plaintiff shall pay to the Defendant 165 million won, 5% per annum from February 11, 2012 to the date of delivery of the original copy of the instant order for payment, and 20% per annum from the next day to the date of full payment.”

On the other hand, on May 19, 2014, the Plaintiff served the original copy of the instant payment order and did not raise an objection by the expiration date of the period for raising an objection, and the said payment order was finalized at that time.

【Reasons for Recognition】 The descriptions of Evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion did not borrow KRW 165 million from the Defendant on February 10, 2012. Thus, the instant payment order is based on the non-existence of the non-existent obligation, and thus, is excluded from the enforcement force.

B. In the case of a final and conclusive legal doctrine regarding the payment order 1, the grounds for failure, invalidation, etc. arising prior to the issuance of the payment order can be asserted in the lawsuit of objection against the payment order. In the lawsuit of objection, the burden of proof as to the grounds for objection in the lawsuit of objection shall be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, in a lawsuit of demurrer against a claim for a payment order which became final and conclusive, the plaintiff is liable to prove the cause of the claim to the defendant, and the plaintiff claims the fact that the claim is invalid or extinguished as a false declaration of conspiracy or due to repayment.