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1. The Defendant’s KRW 104,225,00 for the Plaintiff and 5% per annum from September 11, 2016 to September 20, 2019.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is a person who engages in wholesale and retail business in the Gosi-gun of North Korea, and the Defendant is a person who operates a wholesale and retail business and a restaurant. 2) The Plaintiff supplied to the Defendant on credit seven occasions until September 10, 2016, a total of KRW 233,850,000, in total, over seven times until September 10, 2016, as well as a total of KRW 233,850,000, which is operated by the Defendant’s spouse.
3) However, the Defendant paid KRW 129,625,00 to the Plaintiff with the charge payment (the fact that there is no dispute over the grounds for recognition, the entry of the evidence No. 3, and the purport of the whole pleadings).
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 104,225,000 (=23,850,000 - 129,625,000) and damages for delay determined at the rate of 12% per annum under the Civil Act from September 11, 2016 to September 20, 2019, the day following the due date of payment for the instant goods payment, which is the day following the day when the Plaintiff supplied the Defendant with the last language, to the Defendant, and from September 20, 2019, the day following the day when the duplicate of the instant complaint was served on the Defendant.
2. Determination as to the defendant's assertion
A. The summary of the assertion takes three-year extinctive prescription as stipulated in Article 163 subparag. 3 of the Civil Act. As such, the Plaintiff filed the instant lawsuit on September 17, 2016, which was three years from September 10, 2016, on which the date on which the Plaintiff supplied the Defendant, and the extinctive prescription of the instant price for the goods was completed.
B. As seen earlier, the fact that the Plaintiff’s last supply date was the maturity date of the instant goods payment claim on September 10, 2016 is the date of the Plaintiff’s final supply to the Defendant, and is apparent in the record that the instant lawsuit was filed on September 17, 2019 after three years from the filing date of the lawsuit in this case. However, in full view of the entries and the purport of the entire arguments in subparagraph 2, the Plaintiff is the Plaintiff.