물품대금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
Claim:
1. The Plaintiff, who uses the trade name C, supplied the boiler, etc. to the Defendant using the trade name D.
In circumstances where the Plaintiff was not paid KRW 16,345,709 for the goods supplied before December 19, 201, the Plaintiff received KRW 33,133,30 upon the Defendant’s request, while supplying KRW 29,808,138 from December 19, 201 to September 21, 2012.
(The last day of termination is KRW 500,000 on October 15, 2012). [Grounds for recognition] A without dispute, A1 through 6, and the purport of the entire pleadings.
2. According to the allegations and the facts of determination, the Defendant is obligated to pay to the Plaintiff the amount of KRW 19,670,901 (i.e., KRW 16,345,709 KRW 33,133,330-29,808,138) and damages for delay calculated at the rate prescribed by the Commercial Act from October 1, 2012 to January 11, 2014, the delivery date of a copy of the complaint of this case, as sought by the Plaintiff.
The defendant asserts that 16,345,709 won of the price of goods supplied by the plaintiff before December 19, 201 is a claim arising in relation to the astronomical construction around July 2007, and that 3 years have passed since the short-term extinctive prescription of the Civil Code was applied to the price of goods sold by the merchant, but 3 years have passed since it had already been completed.
The defendant's assertion that the claim of KRW 16,345,709, which the plaintiff supplied before December 19, 201, occurred in July 2007 is not accepted, since there is no evidence to acknowledge it.
Furthermore, since the defendant confirmed the balance of the product price obligation as of June 15, 2010, the three-year extinctive prescription period for the debt will run again from that time due to the interruption of extinctive prescription or the waiver of extinctive prescription.
On December 19, 2011, including the debt balance, the amount of the goods price obligation as of December 19, 201 is 16,345,709, and the amount is 29,808,138 won that the Defendant has repaid from December 19, 201 to October 15, 201.