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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the court of the first instance’s explanation concerning this case is as follows: (a) the reasoning of the first instance judgment is the same as that of the first instance judgment, except for the Defendant’s determination of the additional argument by this court; and (b) thus, (c) it
2. Additional determination
A. 1) The Defendant’s claim for the price of the instant goods against the instant company by the Plaintiff is subject to the short-term extinctive prescription provision of three years as “price for products and goods sold by producers and merchants” under Article 163 subparag. 6 of the Civil Act. In addition, as otherwise asserted by the Plaintiff, the foregoing claim is the payment for the goods supplied by the Plaintiff as of April 30, 2015 and, barring any special circumstance, the extinctive prescription also commences from April 30, 2015. Since the instant lawsuit was filed three years after the lapse of the extinctive prescription of the principal obligation, the Defendant’s guarantee obligation also ceased to exist. (2) In a case where multiple claims are established for the same kind of purpose due to continuous transactions between the same parties to the judgment, if the debtor pays part of the claim without designating a specific obligation, the extinctive prescription prescription becomes effective on the remaining obligation, barring any special circumstance.
(See Supreme Court Decision 93Da14936 Decided October 26, 1993, 93Da14936). The plaintiff supplied the company of this case with the new order from April 2005 to September 2017. The company of this case continues to pay the price of the goods to the plaintiff, and the company of this case has paid USD 14,483.80 on November 24, 2017. The fact that the payment of the price has not been made any dispute between the parties, or that the payment of the price has not been made, can be acknowledged by adding the whole arguments in the evidence No. 9 and evidence No. 11 through 15 (including each number).
Accordingly, the part of the instant company’s repayment continues to be traded with the Plaintiff.