The defendant shall pay 3,597,000 won to the plaintiff and 15% per annum from July 19, 2016 to the day of complete payment.

1. On October 18, 201, the Plaintiff, a person who manufactures and sells water-purification facilities under the trade name of B, installed, at the Defendant’s request, a water purification pipe of an amount equivalent to KRW 11,550,000, and one spare machine of an amount equivalent to KRW 15,40,000, and one spare machine of an amount equivalent to KRW 15,40,000 on D on November 20, 201, and one set of a water purification pipe of an amount equivalent to KRW 2,640,000 on December 26, 2011. On May 24, 2013, the Plaintiff replaced, at the Defendant’s request, a water purification pipe of an amount equivalent to KRW 3,597,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2-1, 2, Eul evidence No. 1, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant’s aforementioned transaction price claim (hereinafter “instant claim”) occurred between October 18, 201 and May 24, 2013, and the instant claim constitutes a claim subject to the short-term extinctive prescription of three years. Since the instant lawsuit was filed on July 8, 2016, each of three years after the instant lawsuit was filed, the Defendant’s defense that the extinctive prescription of the instant claim has already expired.

B. As to this, the Plaintiff: (a) the extinctive prescription of the instant claim is ten years (Article 162(1) of the Civil Act) or five years (Article 64 of the Commercial Act); (b) on May 18, 2015, the Plaintiff filed an application for provisional seizure of the instant claim with the preserved bond and received the decision on May 28, 2015, and suspended the extinctive prescription; and (c) on September 19, 2014, the Defendant paid KRW 500,000 to the Plaintiff upon partial repayment of the instant claim (the Plaintiff appears to be a clerical error, although it appears to be written on October 19, 2014) and on May 26, 2015, the extinctive prescription was interrupted or waived by approving the obligation, such as payment promise, with the confirmation that the total amount of the instant claim is KRW 33,187,000,000.

3. Determination

A. The claim of this case during the extinctive prescription period is the price for the fixed-water leisure machines and equipment produced and installed by the Plaintiff, and thus, this is the design of the person awarded a contract under Article 163 subparag. 3 of the Civil Act, articles, and other public works.