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1. The Defendant’s compulsory execution against the Plaintiff is based on the payment order for the purchase price claim in the court 2016 tea725.

Reasons

According to the records in Gap evidence No. 1, May 30, 2005, the defendant paid health food and 3.90,000 won in installments to the plaintiff on May 30, 2005; however, the defendant agreed to lose the benefit of time in delay; the defendant applied for a payment order as the case of ordering entry on August 19, 2005 on the ground that the defendant did not pay the price and lost the benefit of time on August 19, 2005; and this court issued and confirmed the payment order. According to the above facts, the claim of this case, even if the plaintiff's claim is based on the plaintiff's claim, the short-term extinctive prescription period under the Civil Act has expired three years after the date of loss of the benefit of time. Thus, the plaintiff's claim of this case seeking the exclusion of the enforcement of the payment order of this case is justified, and the litigation cost is assessed at the expense