1. The Defendant’s order for the payment order issued on August 18, 2014 to the Daejeon District Court Branch of the Daejeon District Court for the Plaintiff.

1. Determination as to the cause of claim

A. Since the Defendant’s claim against the Plaintiff against the Plaintiff, which was subject to the payment order under Paragraph (1) of the main text of the Plaintiff’s assertion (hereinafter “instant payment order”), had already expired before the above payment order was requested, compulsory execution based on the above payment order should be denied.

B. The Plaintiff, around September 16, 2002, purchased a computer from Nonparty C with a discount and did not pay the installments for the purpose of the first time, and C applied for the instant payment order to the effect that around August 13, 2014, the Plaintiff filed an application for the instant payment order with the instant court to the effect that the payment of the said installments was sought, or can be recognized by the statements in the Evidence A 1 and 2.

Therefore, the Defendant’s claim against the Plaintiff was extinguished by prescription before applying for the above payment order, and therefore, the instant execution order is issued based on the extinguished claim, and barring any special circumstance, compulsory execution based on the order should not be allowed.

2. The defendant, on September 16, 2014, set up a defense that the plaintiff renounced the statute of limitations interest by expressing his/her intent to repay to C, but it does not accept the defense, since there is no evidence to acknowledge the above fact.

3. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim of this case is reasonable.