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(영문) 광주지방법원 해남지원 2017.02.16 2016가단2106

매매대금

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The fact that the Plaintiff sold the amount equivalent to KRW 4,80,000, which was 136,000, which was 136,000, which was 136,000, and the amount equivalent to KRW 28,240,000, which was early December 201, which was 201, to the Defendant may be recognized if there is no dispute between the parties or when considering the purport of the entire pleadings in the statement in subparagraph 1, and the fact that the Defendant paid KRW 21,00,000,000, out of the price, to the Defendant in the manner of offsetting the rent claim against the Plaintiff under the lease agreement in the lease agreement in the Republic of Korea-gun, Don on December 15, 2010, is recognized by the Plaintiff itself.

Therefore, barring any special circumstance, the Defendant is liable to pay to the Plaintiff KRW 33,120,00 ( KRW 44,880,000 + KRW 9,240,000-21,00,000) and delay damages therefor.

2. Judgment on the defendant's defense

A. The Defendant asserted that the Defendant paid 20,000,000 won in cash around June 23, 2010, and 13,700,000 won in cash around December 201. However, the evidence submitted by the Defendant alone is insufficient to acknowledge the payment, and there is no other evidence to acknowledge the payment.

B. The defendant's defense of extinctive prescription is defense that the plaintiff's claim for the price of goods has expired after the extinctive prescription.

1. The claim for the price of goods for which the plaintiff seeks payment during the period of extinctive prescription falls under the price for goods sold by the merchant under Article 163 subparagraph 6 of the Civil Code and three years.

The plaintiff asserts that "the defendant agreed to conclude a fishing ground rental agreement and settle the balance of the proceeds of the goods on June 23, 2010 after the date on which facility costs are fixed. According to the defendant's argument, since a quasi-loan contract was established on June 23, 2010 between the plaintiff and the defendant on the proceeds of the goods, the plaintiff's claim is a claim under a quasi-loan contract that is not a claim for the goods, and the period of extinctive prescription is ten years." However, the plaintiff's argument alone is that the plaintiff and the defendant.