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(영문) 수원지방법원 2016.05.26 2015가단63462
물품대금
Text

1. Defendant B and B are jointly and severally and severally liable for damages incurred to the Plaintiff in relation to the amount of KRW 170,481,700 and the amount thereof on February 2016.

Reasons

1. As to the assertion of the cause of the instant claim, ① the Plaintiff entered into a material supply contract with the Defendant A and D site, and the unpaid amount of KRW 101,28,50 remains. ② The Plaintiff entered into an additional material supply contract with the Defendant B and B, and supplied materials equivalent to the above amount of KRW 69,193,200, and in the process, the Plaintiff provided the materials equivalent to the above amount of KRW 69,193,200 between the Defendant B and the Defendant. The fact that the Plaintiff and the Defendant agreed to assume the responsibility for the unpaid amount of goods under the above 1 through 3-2, based on the respective entries and arguments among the Plaintiff and the Defendant, and thus, it can be acknowledged.

In accordance with the above facts of recognition, the defendants are jointly and severally liable for the payment of the unpaid goods, and the defendant B and B are jointly and severally liable for the payment of the above goods and the interest in arrears.

2. As to the judgment on the defendant A's defense of extinctive prescription, the defendant A raised a defense that the plaintiff's claim against the defendant A for the purchase price of goods has expired by prescription.

The above evidence and evidence Nos. 1-1, 2, and 2 are in accordance with the purport of the entire arguments and arguments. The plaintiff supplied the above articles No. 1 to November 29, 2008, and the defendant A paid 10 million won out of the price of articles No. 1 to the plaintiff on November 29, 2008. The above facts found that the above facts acknowledged that the claim for the price of articles in this case was reached within the three-year extinctive prescription as commercial claims even if the claim for the price of articles in this case or the price of the products sold by the producer was not reached within the three-year period of prescription, and the five-year extinctive prescription as commercial claims. The plaintiff is entitled to claim for the price of articles in this case, or three or five-year years have passed since November 29, 2008 when the plaintiff can exercise the claim for the price of articles in this case or the defendant paid part of the above price of articles last.

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