1. The plaintiff's claim is dismissed.

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

1. According to the evidence evidence No. 1 and evidence No. 2, the Defendant filed an application with the Plaintiff for payment order against the Plaintiff on January 19, 2018, seeking construction cost of KRW 26.9 million with the Suwon District Court Decision 2018Hu393, Osan District Court, and claiming payment order against the Plaintiff on January 23, 2018 (hereinafter “instant payment order”) from the above court on January 29, 2018 and the payment order becomes final and conclusive on February 13, 2018.

2. The Plaintiff acknowledged the claim for the above construction price of KRW 26.9 million, but the application for the payment order was made after the lapse of three years from December 4, 2014, which was the date when the period of extinctive prescription expired, and thus, the claim for the said construction price has expired due to the expiration of extinctive prescription.

In regard to this, the defendant raises a defense to the effect that the extinctive prescription has been suspended since the plaintiff appeared as a witness in the lawsuit of claim for construction cost payment between the defendant and C, the Suwon District Court 2015Da11911.

3. On this basis, according to the evidence evidence No. 1, the defendant can recognize the fact that he claimed for the payment of the damages for delay from December 4, 2014 at the time of the application for the payment order of this case, and the fact that the payment order of this case was received by this court on January 19, 2018 after three years from December 4, 2014 is recognized as above.

However, approval as a ground for the interruption of the statute of limitations is established by expressing that the debtor who is the party to the benefit of the statute of limitations is aware of the existence of the right to the person who will lose the right due to the completion of the statute of limitations, or his/her representative, who is the party to the benefit of the statute of limitations. In this case, the method of indication does not require any form

(2) The statute of limitations is applicable to the case where the witness appeared as a witness and testified to approve the debt.