1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On October 24, 2003, the Defendant acquired a claim against the Plaintiff from a corporate bank, a national bank, or Samsung Card, and filed a lawsuit against the Plaintiff on January 18, 2006 against the Plaintiff as Suwon District Court Decision 2006Gaso1891.

On March 23, 2006, the above court rendered a judgment on March 23, 2006 to order the payment of the acquisition amount claimed by the defendant (the judgment by service by public notice). The above judgment became final and conclusive on April 19, 2006.

(hereinafter “the final judgment of this case”). (b)

On January 21, 2016, the Defendant filed an application for payment order against the Plaintiff on January 21, 2016, the Suwon District Court 2016 tead445, Osan District Court 2016. On February 15, 2016, the said court issued a payment order (payment order through service by public notice) to order the Defendant to pay the acquisition amount again asserted by the Defendant.

On August 4, 2017, the plaintiff filed an objection against the above payment order and the lawsuit is pending in Suwon District Court No. 2017 Ghana209707.

C. On the other hand, around October 2016, the Defendant applied for a compulsory auction on the Plaintiff’s real estate (the Plaintiff’s share in the sale market in orchard B) based on the final judgment of the instant case, and the registration of the decision to commence compulsory auction was completed on October 20, 2016.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 2, 3, Eul evidence 1 to 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserts that the statute of limitations has expired since the ten-year period from April 19, 2006, which was the date when the judgment became final and conclusive, and that a payment order for the extension of the statute of limitations has become formally final and conclusive by service by public notice, insofar as the Plaintiff filed an objection by subsequent completion, the interruption of the statute of limitations has not occurred. Thus, the Plaintiff asserts that compulsory execution based on the instant final and conclusive judgment should not be allowed.

As to this, the defendant shall raise an objection.