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(영문) 대전지방법원 2017.06.08 2016가단225329
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The assertion and judgment

A. The Plaintiff’s assertion 1) The Plaintiff’s assertion is based on the Plaintiff’s 25,187,950 won (hereinafter “instant claim”) that was not paid by the Defendant, by not later than January 20, 201, supplied the Defendant with coffee and keyboards, etc. and received from the Defendant.

As such, the Defendant is obligated to pay the above unpaid amount to the Plaintiff. 2) The Defendant’s claim of this case by the Plaintiff was extinguished due to the completion of extinctive prescription.

B. According to Article 163 subparagraph 6 of the Civil Act of the judgment, “price for products and goods sold by producers and merchants” is extinguished unless it is exercised for three years. The extinctive prescription is complete. The Plaintiff’s claim in this case is the company that manufactures and sells coffee and keyboards, etc., and the fact that the Plaintiff sold coffee and keyboards, etc. to the Defendant, and the fact that the date of occurrence of the claim in this case was January 20, 2010 is no dispute between the parties. Thus, if it is not exercised for three years from January 20, 2010, the extinctive prescription of the claim in this case is complete. The lawsuit in this case is obvious in the record that the claim in this case was filed on November 24, 2016 at the expiration of three years from the date of occurrence of the claim. Thus, the extinctive prescription expires unless there is a ground

The plaintiff asserts to the effect that the statute of limitations has been interrupted since the plaintiff notified the defendant to pay the price of goods several times after January 20, 2010, which is the last transaction date with the defendant, but there is no evidence to acknowledge it, and even if there is such fact, pursuant to Article 174 of the Civil Act, the peremptory notice does not have the effect of interrupting prescription unless a judicial claim, intervention in bankruptcy proceedings, summons for compromise, voluntary appearance for compromise, seizure, provisional seizure or provisional disposition is made within six months, and there is no evidence to acknowledge the fact that the above claim was made.

Therefore, the claim of this case is deemed to have expired due to the expiration of the statute of limitations.

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