물품대금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On September 15, 2013, the Plaintiff asserted that the Plaintiff supplied the Defendant with the amount of KRW 62,250,000 for pathology equivalent to KRW 15,000 for pathology 63,750,000 for November 20, 2013, the Plaintiff supplied the amount of KRW 63,750 for pathology 15,000 for pathology 30,550,000 for January 10, 2014, and only KRW 156,550 for the Defendant paid KRW 107,98,000 for the total amount of KRW 156,98,00 for the Defendant and did not receive KRW 48,52,00 for the remainder.
Therefore, the defendant is obligated to pay to the plaintiff the above 48,52,000 won and damages for delay.
2. Determination
A. The parties have no dispute between the plaintiff and the defendant that there was a transactional relationship between the plaintiff and the defendant to supply pathology, but the evidence submitted by the plaintiff alone is insufficient to recognize that the plaintiff agreed to sell pathology to the defendant in an amount equal to that of the plaintiff's assertion, and that the price not paid by the defendant reaches KRW 48,552,00, and there is no other evidence to prove otherwise.
B. Even if the Plaintiff had a claim for payment, as alleged by the Plaintiff, the Defendant asserted that the above claim for payment expired by prescription, and on the following grounds, the Plaintiff’s claim for payment expired by prescription.
In other words, the plaintiff's claim for the price of this case is a merchant as a business of selling Sickia. Thus, the short-term extinctive prescription of three years shall apply to the price for the goods sold by the merchant under Article 163 subparagraph 6 of the Civil Code. Since there is no evidence to prove that the plaintiff and the defendant have determined the due date, the claim for the price of this case occurred with a claim without a fixed deadline, that is, when the plaintiff delivered Sickia to the defendant, the extinctive prescription period has run from the time when the plaintiff delivered Sickia to the defendant. The lawsuit of this case (order for payment) of this case was delivered from January 10, 2014, when