A. On June 25, 2015, the Suwon District Court issued a payment order against the Plaintiff that stated that “the Plaintiff would pay KRW 14,923,645, and damages for delay calculated at the rate of 20% per annum from the day following the delivery of the original copy of the payment order to the day of full payment” (hereinafter “instant payment order”). The above payment order was served on the Plaintiff on June 30, 2015, and became final and conclusive on July 15, 2015.

B. The grounds for the claim for the instant payment order are as follows: “The Plaintiff received the attached goods from the Defendant, and the unpaid goods amounting to KRW 14,923,645 on or around January 201, the Plaintiff is obligated to pay the unpaid goods to the Defendant.”

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the payment order of this case was finalized, but compulsory execution based on the above payment order cannot be permitted due to the expiration of the extinctive prescription for the claim for the above goods price of the defendant's assertion.

B. The fact that the Defendant’s claim against the Plaintiff is the price for goods, such as steel framed parts, supplied by the Plaintiff from January 201 to January 201 is without dispute between the parties. The claim for the price for the goods is “price for the products and goods sold by producers and merchants” under Article 163 subparag. 6 of the Civil Act and the three-year short-term extinctive prescription is applied. The Defendant’s claim for the price for the goods against the Plaintiff was extinguished due to the expiration of the three-year extinctive prescription from January 201, which was already due prior to the application for the instant payment order.

Therefore, compulsory execution of the payment order of this case issued on the basis of the above goods payment claim, the extinctive prescription of which has already been completed, is not permissible.

C. The defendant did not raise an objection against the payment order of this case.