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(영문) 제주지방법원 2020.08.13 2020가단56843
각서금
Text

1. The request is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. The fact that the Plaintiff supplied goods to the Defendant, and the Defendant written a written statement of payment worth KRW 30 million on October 201 and KRW 80 million on July 5, 201, as follows, does not conflict between the parties.

2. Assertion and determination

A. A. The cause of the claim C agreed to deliver the goods to the Korea-Syun and the seller with the Plaintiff’s financial support and agreed to accept it, and the Defendant, upon accepting the goods and the seller, shall pay the purchase price to the Plaintiff. Around October 2010, written a c0 million won payment note.

In addition, on July 5, 2011, the paper prepared a 50 million won payment sheet by stating that the defendant shall pay 50 million won as the price for the goods while he/she will take over the goods of the D establishment supplied by C.

Therefore, the defendant shall pay 80 million won for each letter to the plaintiff.

B. At the time, each of the Defendant’s defenses was prepared to pay to the Plaintiff the value of the goods that the Defendant accepted, and the entire return was made after the lapse of the period of time from the date of the preparation of a letter of payment, and the completion

B. As to the facts found in the judgment, the payment for the goods was made to the effect that the payment for the goods will be made, and the debt was made between the Plaintiff and the Defendant, and thus the period of five years expires.

However, the period of reimbursement stated in the written rejection of payment, as recognized, was March 15, 201, April 15, 2011, and January 31, 2012; and it is apparent that the instant lawsuit was filed on December 14, 2018, which had been more than five years thereafter, and thus, the Plaintiff’s claim became extinct after the lapse of five-year statute of limitations.

3. The plaintiff's claim cannot be accepted based on the conclusion of the decision, and it is so decided as per Disposition.

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