1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 21, 200, the Plaintiff and the Defendant concluded a sales contract on the common share 40,000 common share value of D issuance of Co., Ltd. 5,000.

B. On February 17, 200, the Plaintiff: (a) exercised the right to claim redemption of shares on the ground of the above sales contract, and purchased the shares from the Plaintiff for KRW 6,000 per share; (b) on June 17, 2002, the Plaintiff paid KRW 105,000,000 out of the total amount of share redemption x 40,000 shares (i.e., KRW 6,000 x 40,000; hereinafter “instant redemption price”); and (c) did not pay the remainder of KRW 135,00,000 to the Defendant.

C. On October 7, 2008, Suwon District Court 2008Da8806 decided Oct. 7, 2008, the payment order ordering the Plaintiff to pay the remainder of KRW 135,000 among the redemption money of this case was issued (hereinafter “instant payment order”). D.

On October 20, 2008, the Plaintiff did not object to the instant payment order despite being served with the Plaintiff on October 20, 2008. The instant payment order was finalized on November 4, 2008.

E. On October 23, 2018, the Defendant applied for a payment order against the Plaintiff (Seoul Northern District Court 2018 tea3083) seeking the payment of the redemption price, etc. based on the instant payment order for the purpose of suspending the prescription of the claim based on the instant payment order.

According to the plaintiff's objection against the payment order under the above application, the above case is being implemented as a litigation procedure and is pending.

(The grounds for recognition) The Seoul Northern District Court 2018da24018. [Attachment] The fact that there is no dispute, Gap evidence 1 and 2, and the purport of the whole pleadings.

2. The plaintiff's claim of this case is a commercial bond and the period of extinctive prescription is five years. The extinctive prescription period was expired on June 17, 2007, which was five years after February 17, 2002 when the plaintiff paid the redemption price of shares.

As such, the claim for the redemption price of this case had already ceased to exist at the time of the confirmation of the payment order of this case, the payment order of this case is based.