1. The Defendant’s Plaintiff on January 11, 2017, Seoul Eastern District Court 2016 tea51201.

1. Determination as to the cause of claim

A. On June 16, 2008, the Defendant sold to the Plaintiff a 560,000 won portion of the Magdong Centre Health Food, and the last payment date of the installment was May 15, 2009, and the Defendant filed an application against the Plaintiff for an order to pay the price of the above health food and the delayed payment thereof under the Seoul Central District Court Decision 2016Da51201, Dec. 15, 2016. On January 11, 2017, the said court issued an application for an order to pay the Plaintiff the price of the above health food and the delayed payment thereof. “The Plaintiff shall pay KRW 392,00 to the Defendant from April 21, 2009 to the delivery date of the original copy of the payment order, and the payment order at the rate of KRW 15% per annum from the next day to the date of full payment (hereinafter “instant”). The purport of the order to pay the Plaintiff’s entire pleadings can be acknowledged as Gap evidence No. 317. 217.

In the case of a final and conclusive payment order, the grounds for failure or invalidation, etc. arising before the issuance of the payment order may be asserted in a lawsuit of objection against the payment order with respect to the claim for which the payment order was requested.

(See Articles 58(3) and 44(2) of the Civil Execution Act. According to the above facts, the defendant's claim for the price of goods (hereinafter "the claim of this case") is a claim to which the short-term extinctive prescription period of three years under Article 163(6) of the Civil Act applies as consideration for the goods sold by the merchants. Since the payment order of this case was filed more than three years from May 15, 2009, the payment order of this case was completed and terminated before the application for the payment order of this case.

B. The defendant alleged that he had given a peremptory notice to the plaintiff several times prior to the application for the instant payment order, but the foregoing peremptory notice has no effect of interrupting prescription unless a judicial claim, intervention in bankruptcy proceedings, summons for compromise, voluntary appearance for compromise, seizure, provisional seizure, or provisional disposition is made within six months.