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(영문) 창원지방법원 마산지원 2018.11.01 2018가단3291
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. There is no dispute between the parties that the Plaintiff, a company operating a wholesale business for determining the cause of the claim, supplied alcoholic beverages equivalent to KRW 59,235,467 from December 2, 2013 to June 19, 2014, and thus, the Defendant is liable to pay the Plaintiff the said KRW 59,235,467 and the delay damages, barring any special circumstance.

2. As to the defendant's defense and the plaintiff's defense, the defendant defenses that the defendant's obligation to pay KRW 59,235,467 against the plaintiff (hereinafter "the debt of this case") expired by prescription. Thus, the debt of this case is the obligation to pay the price of the goods sold by the merchant, and the prescription period of this case is three years (Article 163 subparagraph 6 of the Civil Act). It is obvious that the plaintiff filed the lawsuit of this case on May 9, 2018 when the period of prescription was three years since June 19, 2014 when the plaintiff was finally able to exercise its rights.

Therefore, the debt of this case had already expired before the filing of the lawsuit of this case.

I would like to say.

In regard to this, the plaintiff urged the defendant to perform the obligation of this case before the expiration of the extinctive period of the debt of this case. Thus, the plaintiff's demand is a peremptory notice under Article 174 of the Civil Act, which is the peremptory notice under Article 174 of the Civil Act, and the interruption of prescription is not effective unless the plaintiff makes a judicial claim, intervention in bankruptcy proceedings, summons for compromise, voluntary appearance for compromise, seizure or provisional seizure, provisional disposition within six months from the time of the peremptory notice. Thus, there is no evidence to prove that the plaintiff notified the defendant to perform the obligation of this case before the expiration of the extinctive period of the debt of this case, and that the plaintiff made a judicial claim under Article 174 of the Civil Act within six

The Plaintiff notified the Defendant of the performance of the instant obligation.

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