청구이의
1. The defendant's price for goods is the Daejeon District Court of Sejong Special Self-Governing City of Daejeon, 2016 tea1226.
On July 27, 2005, the Defendant sold to the Plaintiff a 398,000 won red ginseng. The date of the last payment of the installment was May 27, 2006, and the Defendant filed against the Plaintiff an application against the Plaintiff for an order to pay the price of the above red ginseng as the court of Sejong Special Self-Governing City, Daejeon District Court 2016Ra1226, Dec. 13, 2016, for the payment of the price of the above red ginseng and the delayed payment thereof. On December 16, 2016, the above court rendered the order to pay the Plaintiff KRW 1,056,663, and KRW 398,000,00 per annum from the day after the original copy of the payment order was served to the day of full payment (hereinafter “instant payment order”) with the overall statement of the payment order as to KRW 15% per annum, which became final and conclusive, taking account of the purport of subparagraph 15, 2017.
According to the above facts, the defendant's claim for the price of goods (hereinafter "the claim of this case") is a claim to which the three-year short-term extinctive prescription period under Article 163 subparagraph 6 of the Civil Code applies as consideration for the goods sold by the merchants. Since the payment order of this case was filed after the lapse of three years from May 27, 2006, the payment order of this case was due, the claim of this case was completed and terminated before the application for the payment order of this case.
Therefore, the compulsory execution based on the payment order of this case should not be permitted. Therefore, the plaintiff's claim is justified and it is so decided as per Disposition.