1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. In running the manufacturing and wholesale business of electrical and electronic equipment at the place of business “C”, the Plaintiff filed an application for payment order with D Co., Ltd., E, and the Defendant from around 2005 to the effect that the Plaintiff would demand payment of the price. On February 8, 2006, the said court issued an order to pay the Plaintiff the amount of KRW 45,089,100 and the amount calculated at the rate of KRW 20% per annum from February 11, 2006 to the date of full payment.

The above payment order was finalized on February 25, 2006 against the defendant.

B. D Co., Ltd. had an objection to the above payment order and transferred it to a litigation procedure (the purchase price for goods at Incheon District Court Branch Decision 2006Kadan14525).

On June 11, 2008, the above court sentenced D Co., Ltd. to the effect that “D Co., Ltd. shall pay to the Plaintiff, KRW 30,561,120, and damages for delay.”

[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1 and 2, substantial facts to this court, and the purport of the whole pleadings

2. The plaintiff's assertion that the plaintiff supplied the electronic equipment, such as hot heat, to D Co., Ltd. from around 2005, but the price not paid was 30,562,120 won. Thus, at the time of delivery, the plaintiff filed the lawsuit in this case to suspend the extinctive prescription of the claim established under the above payment order against the defendant who was the representative director of the above company at the time of delivery, and the above payment order was issued by Incheon District Court Branch Branch Order 2006Ka73, and the above payment order became final and conclusive.

The defendant is obligated to pay to the plaintiff 30,562,120 won for the above unpaid goods and damages for delay.

3. Determination

A. In a lawsuit of objection against the finalized payment order, it is only valid against the finalized payment order, and in a lawsuit of objection against the finalized payment order, the failure or invalidity of the claim arising prior to the issuance of the payment order.