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(영문) 제주지방법원서귀포시법원 2016.10.26 2016가단48

청구이의

Text

1. The Defendant’s order for payment, which was finalized on June 1, 2016, by the Jeju District Court, Seopoposi District Court No. 2016Da218 against the Plaintiff.

Reasons

1. On November 10, 2003, the Defendant alleged that he sold “C” to the Plaintiff at KRW 330,000 as six-month installments. On May 30, 2016, the Defendant filed an application with the Plaintiff for a payment order seeking payment against the Plaintiff under the Jeju District Court Decision 2016Ra218. The said court issued the payment order on June 1, 2016, and the said payment order became final and conclusive.

The defendant's claim for the price of goods against the plaintiff is the price for the products and goods sold by the producer or merchant and thus the three-year period of short-term extinctive prescription is applied pursuant to Article 163 subparagraph 6 of the Civil Code, and thus, the extinctive prescription has expired on January 14, 2007, which was three years from January 14, 2004.

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