1. The Defendant’s compulsory execution against the Plaintiff in the instant case No. 2016.561 is denied.

2...

According to the statements in Eul evidence Nos. 1, 2, and 3, ① the plaintiff installed one water purifier on April 13, 2007 with the defendant on April 13, 2007, and entered into an installment contract with the defendant on April 13, 2007 to March 13, 2010 for which 25,000 won shall be paid each month during the period from April 13, 2007 to March 13, 2010; ② the plaintiff did not pay the installment after paying 25,000 won on May 25, 2007; and the current unpaid amount is 8,50,000 won; the defendant applied for a payment order under Paragraph (1) against the plaintiff on April 26, 2016 and received the payment order and confirmed around that time.

According to the above facts, the short-term extinctive prescription of three years is applied to the claim for the price of the goods in this case, and the initial date is from March 13, 2010, which is the last installment payment date, at the latest.

Therefore, on April 26, 2016, the extinctive prescription of the instant claim for the price of goods was completed in entirety on April 26, 2016.

(Order of payment does not take place even if the final and conclusive judgment of res judicata does not take place, and the limitation based on the time limit of res judicata does not apply to a lawsuit of objection to that claim. Therefore, in the trial of a lawsuit of objection to that claim, it shall be deliberated and determined on all the claims stated in the order of payment. The defendant's compulsory execution based on the order of payment in this case against the plaintiff should not be permitted, thereby accepting the plaintiff's claim