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1. Defendant D shall pay 30,095,000 won to the Plaintiff and 12% per annum from February 1, 2020 to the day of full payment.
Reasons
1. Basic facts
A. From February 2014 to April 30, 2014, the Plaintiff supplied Defendant C with agricultural products, etc. with the trade name “E”, and the amount of goods unpaid as of June 12, 2015 is KRW 37,195,00.
B. On October 23, 2018, Defendant D: (a) paid KRW 37,195,00 to the Plaintiff KRW 500,00 as of the end of each month from October 2018; (b) KRW 4,100,000 as of the end of April each year; and (c) paid KRW 295,00 as of July 31, 202 by installment payments; and (d) paid by July 31, 2022; (b) paid by July 31, 202; and (c) paid by the Plaintiff all due interest to lose all due interest and immediately pay the said full amount. However, the Plaintiff paid only KRW 7,10,000 from November 5, 2018 to May 14, 2019.
[Ground of recognition] As to Defendant C, each entry of Gap evidence Nos. 1 through 4, and the purport of the whole pleading as to Defendant D, shall be deemed confessions. 2. Determination of the parties' assertions
A. According to the above facts finding as to the claim against Defendant C, barring any special circumstance, Defendant C is obligated to pay the remainder of the goods price of KRW 30,095,000 for the remainder of the goods price and the delayed damages to the Plaintiff, barring special circumstances.
2) On the determination as to Defendant C’s assertion, Defendant C asserted that the last claim for the price of goods occurred on April 29, 2014. However, the Plaintiff’s claim for the price of goods was filed on January 16, 2020, which was more than three years thereafter, and thus, the statute of limitations expired.
Therefore, according to the aforementioned evidence, the Plaintiff’s last claim for the price of goods against the Defendant may be recognized as having occurred on April 29, 2014. The Plaintiff’s claim for the price of goods of this case against the Defendant constitutes a price for goods sold by the merchants. As such, the period of three-year prescription is applied pursuant to Article 163 subparag. 6 of the Civil Act. The instant lawsuit is apparent in the record that the claim for the price of goods of this case was filed on January 16, 2020 after three years from April 29, 2014 where the last claim for the price of goods occurred. Thus, Defendant C’s claim for the price of goods of this case was extinguished by prescription.
(c).