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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. According to the facts of recognition Gap's evidence Nos. 3, 4 and 5, and evidence Nos. 6-1 and 2, the defendant can be acknowledged that he joined as a member of the personal business chain C operated by Eul, and that he purchased a 700,000 won out of the price of the above goods on Oct. 20, 201.
2. Determination
A. The plaintiff asserts that (1) on January 16, 2005, the plaintiff succeeded to all rights and obligations against the defendant, such as the above goods payment claim, etc., and notified the defendant of the assignment of claims. Thus, the defendant asserts that the plaintiff has a duty to pay to the plaintiff 2,480,000 won (390,000 won 1890,000 won - 700,000 won) and damages for delay calculated at the rate of 20% per annum from April 1, 2002.
(2) As to this, the defendant asserts that the plaintiff's claim for the price of goods against the defendant who was taken over has expired.
B. In light of the determination, since the Plaintiff’s claim for the price of goods against the Defendant that was taken over is a claim corresponding to the price of goods sold by the merchants, the prescription expires after the lapse of three-year prescription period from the due date pursuant to Article 163 subparag. 6 of the Civil Act, as stipulated in Article 163 of the Civil Act. The fact that the Plaintiff filed an application for the instant payment order on August 15, 2012, which was alleged to have been in arrears from April 1, 2002, which was alleged by the Plaintiff, is apparent in the record, and thus, the said claim for the price of goods taken over by the Plaintiff was already extinguished by the completion
Therefore, the defendant's above assertion is justified.
3. Thus, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the first instance court, which has different conclusions, is unfair, and thus, the defendant's appeal is accepted and the plaintiff's claim is dismissed.