1. The instant lawsuit shall be dismissed.

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

1. Basic facts

A. On August 10, 2005, the Plaintiff applied for a payment order against the Defendant with loans of KRW 50,000,000 from the Changwon District Court 2005Da1644, July 28, 2003, loans of KRW 3,660,570, and loans of KRW 30,000,000 on December 5, 2003, and KRW 83,660,570 on May 20, 2004, and applied for a payment order with the Defendant’s service place indicated as “Da and 1st floor (D).”

B. On August 11, 2005, the above court issued a payment order stating that “the defendant shall pay to the plaintiff 83,660,570 won with 20% interest per annum from the day after the original copy of the payment order was served to the day of complete payment (hereinafter “instant payment order”). The original copy of the instant payment order was sent to the service place indicated in the application for the payment order, but it was impossible to serve the original copy of the instant payment order.

C. After that, even though the original copy of the instant payment order was sent to the Defendant’s address as corrected by the Plaintiff two times, the above court issued the Plaintiff an order to rectify address on September 9, 2005. On September 12, 2005, the Plaintiff submitted a written order to rectify address and indicated the Defendant’s address as “F 420 Dong 101, Jinhae F 420 Dong 101, which is the Plaintiff’s employee E address.”

The original copy of the instant payment order was sent to the Defendant’s address “F 420 Dong 101, Jinhae-si, F 101, which was indicated in the Defendant’s address correction statement, and E received it on September 15, 2005, and the instant payment order was settled on September 30, 2005.

[Ground of recognition] Facts without dispute, Gap evidence 1, 6-1, the purport of the whole pleadings

2. Determination on the legality of the instant lawsuit

A. The plaintiff filed the lawsuit of this case in order to extend the extinctive prescription period of the loan amounting to KRW 83,660,570 on September 30, 2005 and damages for delay on the basis of the payment order of this case. We examine the legitimacy of the lawsuit of this case ex officio.

(b) Service shall be effected at the domicile, residence, place of business or office of the person to be served;