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(영문) 서울동부지방법원 2014.03.26 2013가단45434

물품대금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff alleged by the parties seek payment of 27,406,00 won for agricultural products, etc. supplied to the defendant from September 5, 2009 to November 14, 2009 and damages for delay thereof. For this, the defendant did not have any unpaid amount for goods, and there are domestic affairs.

Even if the plaintiff's claim for the price of goods has expired by prescription.

2. It is not sufficient to find the fact that the defendant's price for the goods unpaid is KRW 27,406,00 only with each of the records of Gap's evidence and Gap's evidence Nos. 2 and 4 (including paper numbers) and there is no other evidence to find it otherwise.

(A) The Plaintiff’s claim for the price of the goods was extinguished by the three-year extinctive prescription, as it was filed on August 26, 2013, after three years from November 14, 2009, which was the date of the payment of the unpaid goods, even if there was the price for the goods unpaid. 3. As such, the Plaintiff’s claim is dismissed as it is so decided as per Disposition.