물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Determination as to a claim for the price of goods until 2007
A. Determination 1 on the cause of the claim 1) The Plaintiff is a person who engages in gold-type manufacturing business under the trade name of “C”.
B) The Plaintiff supplied the Defendant, who was engaged in the wholesale business, etc. of gold parts with the trade name of “D”, with a total of KRW 493,357,400 from January 2006 to July 2007, the Defendant paid to the Plaintiff the total of KRW 475,410,00 from March 24, 2006 to August 13, 2007, but did not pay the remainder of KRW 17,947,400 to the Plaintiff.
[Reasons for Recognition] Fact-finding, Gap evidence Nos. 1 through 3 (including various numbers) and the purport of the whole pleadings. 2) According to the above fact-finding, barring any special circumstance, the defendant is obligated to pay to the plaintiff the amount of 17,947,400 won of the unpaid goods and damages for delay. (B) The defendant's assertion that it is improper for the plaintiff to claim the full amount of the price of the goods without supplying the kinds of goods or defective goods different from those ordered by the plaintiff, and that the situation among the goods supplied by the plaintiff was paid the full amount of the price of the goods.
However, the submitted evidence alone supplied other products or defective products than those ordered by the Plaintiff.
It is difficult to recognize that the payment of the price of the goods exceeds the above amount of payment, and there is no other evidence to acknowledge it.
Therefore, the defendant's above assertion is without merit.
2) The defendant, such as the expiration of the extinctive prescription, asserts that even if there remains the price for the goods to be paid to the plaintiff, the extinctive prescription has already expired and expired.
Pursuant to Article 163 subparagraph 6 of the Civil Act, in the case of the price for products and goods sold by producers and merchants, if the claim is not exercised for three years, the extinctive prescription shall expire after the completion of the contract.
However, there is a problem.