A. Nungduk Agricultural Cooperatives filed an application for a payment order with the designated parties B, net C, and D for the payment of the loan claims (Scheon District Court Gangseo-si Branch Court 96j567, hereinafter “Scheon District Court 96j567”).

On June 7, 1996, the above court ordered the appointed parties B, net C, and D to pay 30,000,000 won and 12% per annum from April 22, 1994 to June 21, 1994, 17% per annum from the next day to October 5, 1995, and 21% per annum from the next day to the day of full payment. The above payment order was finalized on June 27, 1996.

(hereinafter “instant payment order”). B.

The Defendant succeeded to the status of the said loan case as a creditor of the Geumcheon Agricultural Cooperative.

C Deceased on April 6, 2003, the Plaintiff (Appointed Party; hereinafter “Plaintiff”) and the designated parties, who were successors, filed an application for approval of inheritance limited status with the Incheon District Court Branch No. 2004Radan1999 and 10044.

[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5 (including branch numbers), the purport of the whole pleadings

2. Summary of the parties' arguments;

A. Since the Plaintiff’s instant loan claim had expired after the payment order became final and conclusive, compulsory execution based on the instant payment order shall not be permitted.

B. Defendant 1) The Plaintiff: (a) acknowledged the instant loan claim by including small assets at the time of applying for qualified acceptance; and (b) renounced the extinctive prescription benefits; (c) the statute of limitations was interrupted; and (d) the Plaintiff and the designated parties, including B, who are the principal debtor of the instant loan claim, claimed the extinctive prescription of the instant

3. Determination

A. One account for the expiration of the extinctive prescription, and the payment order of Chuncheon District Court 96 tea 567 decided Jun. 27, 1996 against the loan claim of this case is the order of payment order of Chuncheon Branch Court 96j567 decided Jun. 27, 1996