1. The Defendant’s Suwon District Court 201J 4320 executory power over the purchase price of goods against the Plaintiff.

1. Basic facts

A. On May 19, 201, the Defendant filed an application with the Plaintiff for a payment order against the Plaintiff seeking payment of the sales proceeds of KIKO sold to the Plaintiff on November 23, 2001. On May 30, 2011, the Plaintiff issued a payment order ordering the Defendant to pay damages for delay at a rate of 20% per annum from the day after the original copy of the payment order was served to the day of complete payment, and the payment order was served to the Plaintiff on July 8, 2011, which became final and conclusive on July 23, 2011.

B. According to the grounds for the claim of the above payment order, the defendant was paid the above KIKO sales proceeds in 10,000 each month from December 26, 2001 to 90,000.

[Grounds for recognition] The items of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. Determination

A. The Plaintiff asserts that, inasmuch as the extinctive prescription of the Defendant’s claim against the Plaintiff for the sales proceeds of KIKO has expired, compulsory execution based on the above payment order should be rejected on the premise that the extinguished claim still exists.

As seen earlier, the Defendant filed a claim for the sale proceeds of KIKO with the above payment order, and the sale proceeds of KIKO constitute the consideration for the goods sold by the merchants under Article 163 subparagraph 6 of the Civil Code. Thus, if the claim is not exercised for three years, it shall be deemed that the extinctive prescription expires unless it is exercised for three years. Since the scheduled date of the final payment of the sale proceeds was September 26, 2002, the extinctive prescription for the claim for the sale proceeds has already expired after the lapse of September 26, 2005.

Furthermore, as seen earlier, even if the Defendant received the above payment order, the payment order has already been executed regarding the claim for which the extinctive prescription has already been completed, as well as has already been completed on July 23, 201, which is the date on which the payment order became final and conclusive.

Therefore, the above payment order was issued.