1. The defendant's order of compensation for damages against the plaintiff is issued by the Jungyang-si District Court of the Republic of Korea 2018 tea, Jeonyang-si.

1. Facts of recognition;

A. The Plaintiff owns land and buildings owned by Guri-si D and its ground, and the Defendant owns land E and buildings owned by Guri-si, a neighboring land.

B. There are lots between the above building owned by the Plaintiff and the above building owned by the Defendant, and this hole is mixed with part of the land owned by the Plaintiff and part of the land owned by the Defendant (hereinafter “instant land”), and among them, the land owned by the Defendant occupies a larger part.

C. On February 6, 2018, the Defendant asserted that the Plaintiff gains profit equivalent to the rent by using and benefiting from the instant land without any legal cause, and that the Defendant suffered loss equivalent to the same amount, and filed an application against the Plaintiff for a payment order of unjust enrichment (the “compensation claim” was stated in the application form, but the purpose of return of unjust enrichment is prior to the filing of the application) with this court.

In this case, on February 13, 2008, the court issued a payment order (hereinafter “instant payment order”) stating that “the debtor shall pay to the creditor 12,905,500 won and the above amount at the rate of 15% per annum from the day after the date of service of the original copy of the instant payment order to the day of complete payment.” The above payment order was served on the plaintiff on February 19, 2018, and the period of objection was finalized on March 6, 2018.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4 (including virtual number), the result of the on-site inspection by this court, the purport of the 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 demurrer against the payment order. In the lawsuit of objection, the burden of proof as to the grounds for objection against the claim should be in accordance with the principle of allocation of burden of proof in general civil procedure.

Therefore, in the lawsuit of objection against the established payment order.