1. The Defendant’s enforcement against the Plaintiff is enforced based on the payment order in the instant case for goods prices.

1. On October 19, 2012, the Plaintiff purchased the goods from the Defendant (hereinafter “instant goods”) and the Plaintiff did not pay the price. On July 12, 2017, the Defendant applied for a payment order against the Plaintiff (this court 2017 tea910) against the Plaintiff (hereinafter “instant payment order”). On July 21, 2017, this court issued a payment order under the instant application (hereinafter “instant payment order”). The said payment order was finalized on August 10, 2017.

[Ground for Recognition: Facts without dispute, significant facts in this court, purport of whole pleadings]

2. The plaintiff's claim for the price of the goods of this case takes three years short-term extinctive prescription. Since the defendant applied for a payment order claiming the payment of the goods of this case after the expiration of the extinctive prescription and received the payment order of this case from this court, compulsory execution based on the payment order of this case shall be dismissed.

3. The claim for the price of goods of this case is subject to the short-term extinctive prescription for three years as stipulated in Article 163 subparag. 6 of the Civil Act.

Therefore, around October 19, 2012, three years after the date when the Plaintiff purchased the instant goods, the extinctive prescription period was completed and expired on October 20, 2015.

Since the defendant applied for a payment order seeking the payment of the goods of this case after the expiration of the above extinctive prescription and received the payment order of this case from the court, compulsory execution based on the payment order of this case shall not be permitted.

4. To accept the Plaintiff’s claim for conclusion