A. On October 17, 2006, the Plaintiff applied for a payment order against Defendant B, C, D, and H with the Seoul Northern District Court Decision 2006Hu17746, and applied for a payment order for loans from the above court on October 17, 2006, “Defendant B, C, and D shall jointly and severally pay to the Plaintiff the amount of KRW 88 million and damages for delay calculated at the rate of 2% per month from May 31, 2006 to the date of complete payment” (hereinafter “instant one payment order”). The above payment order was finalized on November 10, 206.

B. On December 22, 2006, the Plaintiff filed an application for a payment order against Defendant E Co., Ltd. (hereinafter “Defendant E”) and Defendant FF Co., Ltd. (hereinafter “Defendant F”) for the payment of loans with the Seoul Northern District Court Decision 2006Hu42, and on December 22, 2006, the above court issued a payment order (hereinafter “instant payment order”) stating that “the Defendants jointly and severally pay to the Plaintiff the amount of KRW 88 million and damages for delay calculated at the rate of 24% per annum from May 31, 2006 to the date of full payment” (hereinafter “instant payment order”). The above payment order was finalized on January 17, 2007.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. On May 12, 2004, the Plaintiff asserted that the Defendant lent KRW 60 million to Defendant E and F under joint and several sureties, including Defendant B, C, and D, and on January 30, 2006, the Plaintiff agreed to receive payment of KRW 88 million with the Defendants until May 30, 2006 (amount of KRW 60 million plus interest KRW 28 million).

However, the Defendants filed an application for the above payment order, and the above payment order becomes final and conclusive as it is, the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of the claim established by the above payment order.

B. Inasmuch as the payment order 1 for judgment became final and conclusive, res judicata does not arise, the debtor on the payment order falls under the grounds before the issuance of the payment order.