1. The plaintiff's claim is dismissed.

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

On April 30, 2008, the Plaintiff and the Defendant concluded a sales contract with the purchase price of KRW 38 million (2 million, the remainder of the contract amount, and KRW 36 million, May 9, 2008) for KRW 200,000,000 (hereinafter “instant sales contract”). Since the Plaintiff settled the purchase price of KRW 28120,00 on May 1, 2008 with the Defendant, the Plaintiff and the Defendant settled the purchase price of KRW 281,20,00,000,000,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00

Even if the plaintiff's sales price claim against the defendant is a commercial claim, the extinctive prescription period for commercial claims has expired.

On February 21, 2014, as the time when the Plaintiff applied for the instant payment order, it is apparent that five years have elapsed from May 9, 2008, which was the remainder payment date under the instant sales contract, and thus, the Plaintiff’s claim against the Defendant against the Defendant was extinguished by the prescription of the purchase price.

On April 20, 2009, the Plaintiff’s mother, D, the Defendant’s mother, paid the Plaintiff the amount of KRW 55 million including the purchase price under the instant sales contract, thereby approving the progress of extinctive prescription. However, it cannot be deemed that D had a position to act on behalf of the Defendant, the obligor, and it is not a repayment of the obligation under the instant sales contract (the Plaintiff did not express its intent to appropriate the amount received from D for the repayment of the obligation for the remainder payment under the instant sales contract). The Plaintiff’s re-claim is without merit.

Therefore, the plaintiff's claim is dismissed as it is without merit.