1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On June 29, 1996, the National Agricultural Cooperative Federation (hereinafter “CF”) concluded a loan agreement with the Plaintiff on the date of repayment set by December 29, 1997, and loaned KRW 5,000,000 to the Plaintiff.

B. On November 7, 2006, the National Agricultural Cooperative Federation transferred its claim against the Plaintiff to the Defendant, and notified the transfer of claim at that time.

C. The Defendant filed the instant payment order on November 2, 2016 (hereinafter “instant payment order”), which was issued on November 2, 2016, and the instant payment order was finalized as it is.

[Ground for recognition] Unsatisfy

2. The assertion and judgment

A. The plaintiff asserts that the compulsory execution under the payment order of this case should not be allowed, since the claim of the NAC has expired by the statute of limitation.

In this regard, the defendant asserts that since the defendant received the payment order from the plaintiff in 2008, the prescription has not been completed.

B. (1) In full view of the purport of the argument as a whole in the statement of evidence No. 1 B, the defendant applied for a payment order of the Daejeon District Court Branch of Daejeon District Court 2008Guj2120 with the plaintiff as the debtor. The above court issued a payment order on June 16, 2008, and the above payment order was served on October 2, 2008 and confirmed on October 17, 2008.

(2) According to the above facts, the Defendant’s claim against the Plaintiff was suspended on October 17, 2008, and the period of prescription was extended to 10 years upon the decision of the payment order.

Therefore, a claim based on the instant payment order finalized around November 2, 2016 was not completed.

3. The plaintiff's claim of this case premised on the completion of prescription is dismissed as it is without merit.