1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The Plaintiff asserted against the Defendant that the payment order was finalized on July 9, 1999 by filing an application with the Seoul District Court 9j14539, and the payment order was finalized on July 9, 199. The Defendant failed to pay the debt finalized by the above payment order and thereby filed the instant lawsuit for the extension of extinctive prescription.

2. Determination

A. Article 445 of the former Civil Procedure Act (amended by Act No. 4201 of Jan. 13, 1990) does not recognize the same effect as the final and conclusive judgment with respect to the payment order for which the completion of extinctive prescription has become final and conclusive. Article 474 of the current Civil Procedure Act (amended by Act No. 6626 of Jan. 26, 2002) is amended to recognize the same effect as the final and conclusive judgment under Article 474 of the current Civil Procedure Act (amended by Act No. 6626 of Jan. 26, 2002), but Article 3 of the Addenda of the current Civil Procedure Act provides that "this Act shall apply to the matters arising prior to the enforcement of this Act: Provided, That this does not affect the validity of the former provisions: Article 165(2) of the former Civil Procedure Act does not apply to the payment order which became final and conclusive at the time of the enforcement of the former Civil Procedure Act; therefore, even if the period of extinctive prescription is not extended to ten years prior to the original period of the claim.

(See Supreme Court Decision 2008Da51908 Decided November 27, 2008). In full view of the health account statement and evidence No. 1 as to the instant case, the Plaintiff filed an order of payment with the Defendant for the payment of KRW 10 million and KRW 10 million with the Seoul District Court around June 7, 1999, as the loan money No. 99Da14539 around June 7, 199, and the payment order is issued.