1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the first instance court.

1. The parties' assertion

A. The Plaintiff is a merchant who sells construction materials, such as a paint, in the Plaintiff’s trade name.

From around 2011, the Plaintiff supplied paint-related products to Defendant and D on credit, and as of June 5, 2013, the credit amount of KRW 23,028,000 is KRW 23,00.

The defendant is jointly and severally liable to pay to the plaintiff KRW 23,028,000 as credit price and damages for delay.

B. Defendant 1) The Plaintiff is a person who trades goods, such as paint, on credit with the Plaintiff. The Defendant merely received a daily wage as an employee of E and did not have a duty to pay credit to the Plaintiff, as it is not a party to the transaction of goods. 2) The Plaintiff’s claim constitutes “price for the goods sold by the merchant” under Article 163 subparag. 6 of the Civil Act, and thus, the short-term extinctive prescription period of three

Even according to the Plaintiff’s assertion, the Plaintiff filed the instant lawsuit after the lapse of three (3) years from June 6, 2013, which became due and due, and the statute of limitations expired.

2. Determination

A. It is not sufficient to recognize that the Defendant received the Plaintiff’s film supply (negative) evidence Nos. 1, 2, and 3 alone with the statement of evidence Nos. 1, 2, and 3 to the effect that the Defendant was jointly supplied with the Plaintiff, and there is no other evidence to acknowledge the Plaintiff’s assertion.

The plaintiff's assertion is without merit.

B. Whether the Plaintiff’s claim for the price of goods expired by prescription (affirmative) (affirmative), as alleged by the Plaintiff, the Defendant supplied the Plaintiff with goods, such as paint, etc.

Even if the Plaintiff’s claim for the price of goods falls under the “price for the goods sold by the merchant” under Article 163 subparag. 6 of the Civil Act, the three-year statute of limitations applies.

The Plaintiff filed the instant lawsuit on December 17, 2017 and claimed the “foreign payment of KRW 23,028,000 and damages for delay from June 6, 2013 to the date of full payment.”

The instant lawsuit is filed after the lapse of three years from June 6, 2013, the day following the date on which the Plaintiff claims reimbursement.