청구이의
1. The defendant's payment order issued on June 3, 201 by the Daegu District Court and the racing branch of the defendant against the plaintiff, which was finalized on June 3, 2011.
1. At the time of September 22, 1988, the Plaintiff, as a minor of 13 years of age, received a gift with a statement that he would give a gift when purchasing books from D companies, stating that the seller who revealed his will to purchase books, changed the address and name of the seller, and then received the gift. After doing so, D companies delivered two boxes of books.
After that, the plaintiff returned all of the books delivered, and the purchase price at the time of the book purchase is known to the level of KRW 100,000 to KRW 150,00,000, and has lived in peace without being urged to pay the book purchase price.
However, the Defendant, who acquired the claim of the D Company, applied against the Plaintiff for payment order of the acquisition money case No. 20150,1066, Daegu District Court and the said payment order became final and conclusive as it is.
However, around July 2018, the plaintiff knew that the defendant applied for the payment order, and he knew that the defendant applied for the payment order only when the letter of the seizure and collection order against the plaintiff was sent.
Since the D Company that transferred its claim to the Defendant is a merchant selling books, the claim against the Plaintiff was completed by the short-term extinctive prescription, the claim against the Defendant that acquired the above claim was also extinguished.
Therefore, compulsory execution based on the above payment order should not be allowed.
2. Judgment with no ground for recognition (Article 208 (3) 1, and Article 257 of the Civil Procedure Act);