1. The Defendant’s payment order against the Plaintiff in the Changwon District Court, Kim Jong-si, 2012Hu3380, which is the order for the purchase price of goods.

1. The Defendant, on January 28, 2004, sold cosmetics to the Plaintiff and agreed to receive the payment for the period from February 10, 2004 to October 10, 2004, but did not receive the payment. As such, the Defendant filed an application with the Changwon District Court for the payment order against the Plaintiff for the payment of the price and damages for delay (1,474,600 won and damages for delay as principal amounting to 50,000 won) on September 25, 2012, and the said court issued the payment order ordering the payment of the above price and damages for delay (hereinafter “instant payment order”) on September 28, 2012, and recognized the payment order that became final and conclusive on October 19, 2012 by considering the overall purport of pleadings as stated in the evidence No. 1.

In the case of a final and conclusive payment order, the grounds for failure or invalidation, etc. arising before the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim for which the payment order was requested.

(See Articles 58(3) and 44(2) of the Civil Execution Act (see Articles 58(3) and 44(2) of the same Act). According to the above facts, the Defendant’s claim for the price of goods (hereinafter “instant claim”) is a claim with the short-term extinctive prescription period of three years as stipulated by Article 163 subparag. 6 of the Civil Act as consideration for the goods sold by the merchants. Since the instant payment order was filed more than three years from November 10, 2004, the last payment period of the instant claim, the instant claim was completed prior to the application for the instant payment

I would like to say.

Therefore, barring special circumstances, compulsory execution based on the instant payment order should not be permitted.

2. The Defendant alleged that the Defendant renounced extinctive prescription benefits by paying KRW 1,600,000 to the Defendant by October 30, 2019 against the Defendant’s defense by the Plaintiff’s husband (her husband). However, there is no evidence to acknowledge this.

In addition, the defendant shall urge the plaintiff to perform the payment order of this case several times before the application for the payment order of this case is made.