물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
The Plaintiff asserts that, as the cause of the instant claim, against the Defendant, the Plaintiff sought payment of KRW 33,496,450,000, which was not paid out of the commercial sales price that occurred from the sales of direct goods to the Defendant from before November 14, 2014.
In this regard, the defendant asserts that there is no amount to be paid upon completion of the settlement with the plaintiff, and that the short-term extinctive prescription for the plaintiff's claim against the defendant has been completed.
Even according to the Plaintiff’s assertion, the Plaintiff’s claim against the Defendant constitutes “price for products and goods sold by producers and merchants” under Article 163 subparag. 6 of the Civil Act, which provides for the three-year short-term extinctive prescription, and such extinctive prescription shall expire at the time of the lapse of three years from November 14, 2014, which is the last transaction date.
On September 6, 2018, the day when the Plaintiff filed the instant lawsuit. Therefore, barring any special circumstance, the Plaintiff’s claim against the Defendant had already expired before the instant lawsuit was instituted.
The defendant's defense is justified.
The plaintiff's claim cannot be accepted, and it is dismissed.