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(영문) 서울남부지방법원 2020.08.20 2019나58894

물품대금

Text

The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport.

Reasons

1. The fact that there is no dispute over the cause of the claim. The plaintiff is a company that manufactures and sells food materials (flabeded lab lab lab lab lab lab lab lab lab lab lab lab, and the defendant is a company that operates each branch of "C" through a contract for the entrusted operation of a store with a franchise business operator, the plaintiff and the defendant entered into a goods supply contract with the defendant (hereinafter "the contract of this case") with the defendant from February 2, 2015 to April 14, 2015, which entered into a contract for the entrusted operation of a store with the defendant with the defendant 36 points (hereinafter "Glab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab lab la.

2. The defendant's defense is defense that the defendant's claim for the price under the contract of this case was extinguished by prescription.

The claim of this case constitutes the price for the products and goods sold by the producer or merchant as stipulated in Article 163 subparagraph 6 of the Civil Act, and the period of extinctive prescription is three years. The plaintiff and the defendant settled the price for the food materials supplied under the contract of this case on a one-time basis, there is no dispute between the parties, and as seen earlier, the claim of this case was made between February 2, 2015 and April 14, 2015 at the latest until April 21, 2015, and it appears that the payment date arrived at the date of the claim of this case on April 21, 2015, and it is apparent that the claim of this case was filed on November 15, 2018, which was later three years after the lawsuit of this case was filed. Thus, the claim of this case under the contract of this case was made prior to the filing of the lawsuit of this case.