1. The Defendant’s payment order for the construction cost case No. 2009 tea 10308 against the Plaintiff was based on the Gwangju District Court.

1. Basic facts

A. E filed a payment order against the Plaintiff with the Gwangju District Court 2009 tea10308, and on September 23, 2009, the above court issued a payment order stating that “the Plaintiff shall pay the Plaintiff KRW 53,511,000 and the amount calculated at the rate of 20% per annum from the day after the delivery date of the original copy of the instant payment order to the day of complete payment,” and the above payment order was finalized on October 16, 2009.

(hereinafter “instant payment order”)

B. On August 27, 2010, the Defendant acquired the above claim against the Plaintiff from E, and received the succession execution clause regarding the instant payment order.

C. Based on the instant payment order, the Defendant filed an application with the Gwangju District Court No. 2020 other bond No. 59710 for a seizure and collection order against the Plaintiff’s deposit claims against F and Industrial Bank of Korea. On May 21, 2020, the Defendant received a seizure and collection order of the claim (hereinafter “instant claim seizure and collection order”).

According to the collection order and seizure of the instant claim, the Defendant collected KRW 2,366,846 on June 5, 2020 from the Plaintiff’s bank account (= KRW 596,214,568,52,585,558,526,526,518,337,616) in the Plaintiff’s bank account.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that, since the claim for objection by the plaintiff has expired by prescription, the compulsory execution based on the payment order of this case against the plaintiff should be rejected.

As seen earlier, the instant payment order became final and conclusive on October 16, 2009. Therefore, barring any special circumstance, it is reasonable to deem that the claim on the instant payment order was extinguished by the completion of the statute of limitations on October 16, 2019 when 10 years have elapsed since the date on which the claim on the instant payment order became final and conclusive.

On October 14, 2010, the defendant is subject to the payment order in this case.