1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Basic facts

A. The plaintiff filed a payment order against the defendant as Seoul Western District Court 2006Ka13281, and on September 26, 2006, the above court issued a payment order with the purport that "the defendant shall pay to the plaintiff the amount of KRW 15 million and the amount calculated at the rate of 20% per annum from the day following the day when the original copy of the instant payment order was served to the day when the original copy of the instant payment order was fully paid and the expenses for demand procedure are paid." The above payment order was finalized on October 30, 2006 without the defendant being served with the original copy of the above payment order on October 30, 206.

(hereinafter referred to as "fixed payment order"). (b)

On January 19, 2018, the Plaintiff filed an application for the instant payment order (Seoul Western District Court 2018 tea187) with the Defendant for the interruption of extinctive prescription of a claim based on the payment order finalized against the Defendant, and the Defendant filed an objection, thereby implementing the instant lawsuit.

[Ground of recognition] Facts without dispute, Gap evidence 1, 5, Eul evidence 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that the defendant subcontracted to the plaintiff 5 multi-household housing near Seoyang-gu, Seoyang-gu (hereinafter "the construction of this case"). The plaintiff implemented the construction of this case from September 17, 2002 to June 14, 2003.

On November 26, 2018, the Plaintiff filed an application for payment order on November 26, 2018 by the Defendant for payment of KRW 15 million among the above construction cost, and the payment order became final and conclusive because the Defendant did not raise any objection.

Afterward, the defendant paid KRW 300,000 to the plaintiff around August 10, 2015. The defendant is obligated to pay the remainder of KRW 14,700,000 to the plaintiff and delay damages therefor.

B. The Defendant asserted that the construction of this case was subcontracted to D, which is not the Plaintiff.

The lawsuit of this case was filed on January 19, 2018 after ten years have elapsed since November 14, 2006, when the payment order for which became final and conclusive became final and conclusive, and the claim based on the payment order for which becomes final and conclusive shall be ten years.