beta
(영문) 서울중앙지방법원 2018.10.05 2018가단5028405

물품대금

Text

1. The Defendant shall pay to the Plaintiff KRW 35,03,850 and interest rate of KRW 15% per annum from February 21, 2018 to the day of complete payment.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the evidence No. 1 to No. 3 of the defendant's obligation to pay the price for the goods, the plaintiff, who is the clothing wholesaler, supplied the defendant, who runs the wholesale and retail business of clothing, with the goods equivalent to KRW 41,03,850, not later than November 30, 2012, but the defendant paid KRW 6,000,000 out of the above clothes until June 10, 2014, and did not pay the remainder of KRW 35,03,850. Thus, the defendant is liable to pay to the plaintiff the remaining price for the goods, KRW 35,03,850, and damages for delay calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from February 21, 2018 to the day of complete payment.

2. The defendant's assertion argues that the extinctive prescription of the above claim for the price of goods has expired.

On the other hand, the following facts are revealed: (a) the statute of limitations is three years with respect to the claim for the price of goods sold by the merchant; and (b) the fact that the lawsuit of this case was brought on February 9, 2018 with the lapse of three years from June 30, 2014 when the Defendant paid part of the price; (c) however, in full view of the overall purport of the pleadings in the statement of evidence No. 4, the fact that the representative of the defendant C, who is in charge of the affairs related to the Plaintiff and the clothes transaction and paid the price, expressed his intent to recognize and repay the Plaintiff’s obligation to pay the price of goods at around 2017. Thus, the Defendant appears to have approved the obligation for goods or renounced the prescription profit after the expiration of the statute of limitations.

3. Conclusion, the plaintiff's claim of this case is justified.