beta
(영문) 의정부지방법원 2016.05.13 2015가단32868

물품대금

Text

1. Defendants B and C shall jointly and severally serve as the Plaintiff KRW 52,564,580 and as a result, from September 21, 201 to November 19, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff supplied Gohap, etc. to Defendant B from September 10, 201 to August 11, 201.

Defendant B paid the price on the 20th day of the following month following the delivery, such as the joint board.

B. On September 10, 2010, Defendant C jointly and severally guaranteed the obligation to pay for the goods to the Plaintiff of Defendant B.

C. At the time of the closing of the instant argument, Defendant B’s obligation to pay for the unpaid goods to the Plaintiff is KRW 52,564,580.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 5, purport of whole pleadings

2. Determination as to claims against Defendant B and C

A. According to the above findings of determination, Defendant B and C are jointly and severally liable to pay the unpaid amount of KRW 52,564,580 as well as the amount calculated at the rate of 15% per annum under the Commercial Act from September 21, 2011 to November 19, 2015, which is the last delivery date of the original copy of the instant payment order, as requested by the Plaintiff, from September 21, 2011 to November 19, 2015, as the last delivery date of the original copy of the instant payment order, and from the following day to the date of full payment.

B. As to the claim for extinctive prescription, Defendant B’s claim for the instant goods is subject to the short-term extinctive prescription of three years with respect to “price for the goods sold by merchants” under Article 163 subparag. 6 of the Civil Act, and thus, the said three-year extinctive prescription has already been expired at the time of filing the instant lawsuit. 2) As to this, the Plaintiff re-claimed that the statute of limitations has been interrupted due to Defendant B’s partial repayment of the instant goods on September 13, 2012.

3. The Plaintiff supplied the goods to Defendant B from September 10, 201 to August 11, 201, and the fact that the due date for the payment of the instant goods is the 20th day of the following month from the date of the supply of the goods is the same as the previous fact. The application for the instant payment order was made three years from October 20, 201 to September 20, 201, which is the due date for the payment of the instant goods.