청구이의
1. The Defendant’s Hongcheon-gun District Court, Hongcheon-gun, 201, Hongcheon-gun, 197, against the Plaintiff, as of May 11, 2012.
In addition to the purport of each of the statements and arguments set forth in subparagraphs 1 through 5 above, the defendant sold goods of an amount of KRW 1,200,000 to the plaintiff on June 21, 1994, but the plaintiff did not pay the above goods after April 21, 1995, the court applied for a payment order set forth in Paragraph 1 of this Article for the payment order on May 11, 2012, stating that "the plaintiff shall pay to the defendant 1,200,000 won and the amount calculated at the rate of KRW 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment." The above payment order can be acknowledged as having become final and conclusive at that time.
In the case of a final and conclusive payment order, the grounds for failure or invalidation, etc. arising before the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim for which the payment order was requested.
(See Articles 58(3) and 44(2) of the Civil Execution Act. From April 21, 1995, the Defendant applied for the above payment order on May 4, 2012, since the three-year extinctive prescription period as stipulated in Article 163 subparag. 6 of the Civil Act has lapsed from April 21, 1995, the payment period of the above goods payment claim, the Defendant has to be denied compulsory execution based on the payment order of this case, which is based on the claim expired by the extinctive prescription.
Therefore, the plaintiff's claim of this case shall be accepted on the grounds of its reasoning, and it is so decided as per Disposition.