1. The Defendant’s compulsory execution based on the payment order issued by the Jeonju District Court Branch 2014 tea563 against the Plaintiff is a compulsory execution.

1. Facts of recognition;

A. On August 16, 2004, the Defendant asserted that the Plaintiff had been driving at drinking on or around 19:00 on March 7, 2003, the court issued a payment order against the Plaintiff, claiming that the Plaintiff had received 7,232,030 won for repair costs, while driving at drinking on or around 19:00 on or around March 7, 2003, and that the Plaintiff had claimed the payment order claiming the payment of the above KRW 7,232,030 as compensation for damages (hereinafter “the first payment order”). The above payment order was finalized on September 8, 2004.

B. On October 27, 2014, the Defendant filed an application against the Plaintiff for the payment order claiming the payment of the said KRW 7,232,030 against the Plaintiff at this court (hereinafter “instant payment order”). This court issued the same payment order on October 29, 2014, and the said payment order became final and conclusive on December 2, 2014.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4 (including provisional number), the purport of the whole pleadings

2. Summary of the parties' arguments

A. The gist of the Plaintiff’s assertion has expired by prescription the Defendant’s damage claim against the Plaintiff before the Plaintiff filed an application for the instant payment order. Therefore, compulsory execution based on the instant payment order should be denied.

B. The gist of the defendant's assertion was that the plaintiff did not raise any objection against the service of the payment order of this case and the above payment order became final and conclusive. This constitutes a waiver of the statute of limitations interest of the plaintiff.

Therefore, since the defendant's damage claim against the plaintiff still exists, the plaintiff's claim of this case is without merit.

3. Determination

(a) In the case of a final payment order, if the payment order is issued, the reason for failure or invalidation, etc. that occurred prior to the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim which became the cause of demanding the payment order;