1. The Defendant’s payment order for the Defendant’s loan case No. 2015 tea 2726, Namyang-si District Court, Namyang-si.

1. Basic facts

A. On October 30, 2015, the Defendant asserted that: (a) the Plaintiff and C as the debtor; (b) the Jung-gu District Court of Suyang-si, Nam-si, Seoul District Court; (c) the Defendant lent KRW 23.95 million to D, the Plaintiff, who is the Plaintiff, to the Plaintiff, KRW 23.95 million; and (d) the Plaintiff and C agreed to repay the above debt to D, on behalf of the Defendant; and (c) the Defendant applied for a payment order stating that “The Plaintiff and C jointly agreed to jointly pay the Defendant KRW 23.1 million and to pay the amount calculated at the rate of 15% per annum from the day following the delivery date of the original copy of the above payment order to the day of complete payment.”

B. The above court on November 6, 2015

The payment order of the same content as the claim in this subsection (hereinafter “instant payment order”) was issued, and the parent E living together with the plaintiff was served with the payment order of the instant case on December 18, 2015 and became final and conclusive as he did not raise any objection, and C filed an objection against the instant payment order and filed an objection against the instant payment order, and C is pending in the lawsuit with the Jung-gu District Court 2016dan6941.

C. On February 3, 2016, the Plaintiff filed an objection on February 3, 2016 on the ground that he/she was not served with the instant payment order, but the Plaintiff was dismissed on February 5, 2016.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including virtual numbers; hereinafter the same shall apply) and the purport of whole pleadings

2. Determination

A. In the case of a final and conclusive payment order, the grounds for failure or invalidation that occurred prior to the issuance of the payment order can be asserted in the lawsuit of objection 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 burden of proof distribution in the general civil procedure.

Therefore, in the case where the plaintiff asserts that the claim was not constituted by the defendant in the lawsuit of objection against the established payment order, the plaintiff is liable to prove the cause of the claim to the defendant.