On June 30, 2012, where the Plaintiff and the Plaintiff, an employee of the above corporation, agreed to transfer the price claim of KRW 21,240,990 on behalf of the Plaintiff’s wage, the said corporation agreed to transfer the price claim of KRW 21,240,990, which was held in pipes (hereinafter “instant stock company”), and notified the instant stock company on the same day.

B. On the other hand, on January 22, 2015, the Plaintiff was unable to receive payment after setting the KRW 15 million to the instant stock company as interest rate of 24% per annum. On April 20, 2015, between the instant stock company and the Plaintiff.

The claim for the goods and the above loan claims stated in Paragraph 40 million won are settled, and instead of the payment, the instant corporation entered into a contract with the Defendant to acquire the claim for the material price of KRW 40 million (from June 2009 to October 30, 2010; hereinafter “instant material price”) owned by the Defendant. On July 29, 2015, the instant stock company notified the Defendant of the above transfer.

2. Determination

A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay to the Plaintiff the amount of KRW 40 million for the material price of this case and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 22, 2016 to the date of full payment, which is the day following the delivery of the payment order of this case.

B. As to the judgment on the Defendant’s assertion, since the Defendant’s claim for material price is a claim for the goods sold by the merchants, the extinctive prescription is complete unless it is exercised within three years. The facts that the due date for payment of the material price claim of this case was October 30, 2010 are recognized earlier. The records show that the Plaintiff’s lawsuit of this case was filed on February 29, 2016, which was three years after the said lawsuit was filed.