beta
(영문) 대구지방법원 2020.05.13 2019나314863

물품대금

Text

1. Of the judgment of the court of first instance, KRW 26,013,50 against the Plaintiff and the Plaintiff’s objection thereto from June 11, 2016 to May 13, 2020.

Reasons

1. According to the overall purport of evidence Nos. 1 and 4 as to the cause of the claim and the entire purport of the pleadings, the Plaintiff may recognize the fact that: (a) from around 2015 to June 10, 2016, the Plaintiff sold the test products to the Defendant several times and was paid some of the price, but did not receive KRW 31,624,00 in total from the Defendant.

According to the above facts of recognition, the defendant is obligated to pay 31,624,000 won for the unpaid goods and delay damages therefor to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion

A. The Defendant’s assertion 1) The Defendant’s assertion that ① KRW 21,904,00, excluding KRW 9,720,000, out of KRW 31,624,00 of the Plaintiff’s claim amounting to KRW 31,624,00 (= KRW 9,720,000) is the amount of goods based on the Plaintiff’s claim as of May 16, 2016. At least KRW 21,904,000 of the above goods amount was at least three years from May 17, 2016 following the date of issuance of the above claim, and the statute of limitations expired. ② As for the Plaintiff’s assertion, KRW 5,610,50,00, which the Defendant discharged to the Plaintiff, was paid by specifying individual transactions in relation to the park renovation work, and the Defendant did not have any existing debt approval of the Plaintiff’s claim that the Defendant had not completed the statute of limitations period until June 15, 2016.

3. A claim for credit payment arising from a continuous goods supply contract is that the extinctive prescription of each credit payment claim arising from an individual transaction is to progress individually from the time of occurrence of each credit payment claim, barring special circumstances, and the extinctive prescription cannot be calculated in a lump sum on the total amount of credit payment claim from the date of termination of the transaction. For each individual transaction, the extinctive prescription shall not be calculated in a lump sum.