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(영문) 울산지방법원 2018.04.26 2017가단19592
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The parties' assertion

A. From January 201 to 2013, the Plaintiff’s assertion made and supplied a wooden sentence to the Defendant from January 201 to 2013, and was not paid KRW 38,776,659 as the price. Therefore, the Defendant is liable to pay the Plaintiff KRW 38,776,659 and delay damages.

B. The Defendant’s assertion appears to be “B company” rather than the Defendant, and even if the domestic supplier is the Defendant, the Plaintiff’s claim against the Plaintiff was extinguished by the statute of limitations.

2. The claim asserted by the Plaintiff falls under “a claim concerning construction work of the contractor” under Article 163 subparag. 3 of the Civil Act and “a claim for the price for the products and goods sold by the producer and merchant” under Article 163 subparag. 6 of the Civil Act and suffered extinctive prescription for three years.

Even if the Plaintiff’s final delivery date was December 31, 2013, the Plaintiff filed the instant lawsuit on September 19, 2017 where three years have passed since the Plaintiff failed to submit any evidence to acknowledge that there was a ground for interruption of extinctive prescription (such as a record and drawings submitted by the Plaintiff after the closing of argument are insufficient to recognize that there was a ground for interruption of extinctive prescription). Thus, even if the Plaintiff had a claim asserted by the Plaintiff in domestic affairs, the extinctive prescription expired.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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