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(영문) 제주지방법원서귀포시법원 2016.10.26 2016가단62

청구이의

Text

1. The defendant's order for payment against the plaintiff was issued by the Jeju District Court of the Jeju District Court of Law No. 2008 tea 185 dated March 13, 2008.

Reasons

1. On March 11, 2008, the Defendant: (a) on March 11, 2008, filed a claim with the Jeju District Court Seoposi District Court; (b) on March 10, 2002, C had KRW 293,00,00 with the Plaintiff; (c) on March 10, 2002, the Defendant acquired the claim; and (d) on the part of the Plaintiff, filed an application for payment order with the other party; (c) on March 13, 2008, the said court issued the payment order; and

The plaintiff did not purchase functional health foods from C.

Even if there was a fact of purchase, the claim constitutes the price for the products and goods sold by the producer and merchant, and thus, the short-term extinctive prescription period of three years is applied pursuant to Article 163 subparagraph 6 of the Civil Act, or the five-year extinctive prescription period is applicable pursuant to Article 64 of the Commercial Act. Thus, the extinctive prescription has expired after the lapse of three or five years from March 10, 202 when the Plaintiff purchased the goods from C.

2. Judgment by constructive confession (Article 208 (3) 1 and 2 of the Civil Procedure Act)