1. The plaintiff's claim is dismissed.

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

1. The facts of recognition C was supplied with synthetic resin, etc. for the manufacture of a ship from C until March 9, 2013 as the representative of D, an individual entrepreneur, and the Defendant paid KRW 10,000,000 for the last goods to C around May 8, 2013. The amount of the unpaid goods that the Defendant failed to pay to C around May 8, 2013 is KRW 575,62,200 in total.

The plaintiff has a claim against C in accordance with the payment order for the goods payment case No. 16001, Seoul Southern District Court 2018.

On December 10, 2018, the Plaintiff is the executive title of the above payment order. The debtor C and the third debtor filed an application for the seizure and collection order with C as to the claim amounting to KRW 125,029,928 with the defendant as to the claim for the price of goods held by C against the defendant. On December 13, 2018, Gwangju District Court issued the seizure and collection order for the claim amounting to KRW 125,029,928 (hereinafter “instant seizure and collection order”), and on January 16, 2019, the seizure and collection order for the instant case was served on the defendant on January 16, 2019.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 5, the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the Plaintiff’s assertion of the cause of claim, the Defendant is obligated to pay to the Plaintiff KRW 125,029,928 with the collection amount pursuant to the instant seizure and collection order, except in extenuating circumstances.

I would like to say.

B. (1) The defendant's defense of extinctive prescription is proved to the effect that extinctive prescription of the claim for the price of the goods held against the defendant by C has expired.

(2) The claim for the price of goods against the Defendant by the judgment C is a claim arising from the supply of synthetic resin, etc. for the manufacture of a ship to the Defendant by March 9, 2013, and the Defendant paid the last price of goods to C around May 8, 2013, and the Plaintiff filed a request for the seizure and collection order on December 10, 2018, as seen earlier.

The recognition.