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1. Defendant B’s 52,822,010 won and the interest rate of 15% per annum from April 1, 2016 to the date of full payment.
Reasons
1. Claim against the defendant A;
A. Comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 and 5, the defendants and non-party C engaged in the wedding business (hereinafter "the instant wedding business") with the trade name "E" from February 1, 2011 to February 1, 201, and the plaintiff supplied food materials, etc. to the instant wedding from March 17, 201 to August 29, 2012 (hereinafter "the instant goods price"), and the defendant A expressed his/her intention to withdraw from the instant business around April 201 to June 3, 2011, and reported his/her withdrawal from the joint business as follows:
B. According to the above facts finding as to the cause of the claim, Defendant A is jointly and severally liable with the Plaintiff pursuant to Article 57 or 24 of the Commercial Act to pay 52,82,010 won for the goods payable to the Plaintiff and its delay damages, unless there are any special circumstances.
C. Defendant A’s defense of extinctive prescription was filed after the lapse of 3 years from the date of payment of the instant goods, and thus, Defendant A’s defense that the short-term extinctive prescription expired.
In light of the above, the price of the goods in this case occurred between March 17, 201 and August 29, 2012, and it is evident that the lawsuit in this case was filed on November 19, 2015, which is apparent that the three years have passed since the previous lawsuit was filed on November 19, 2015. Unless there are special circumstances, the plaintiff's price of the goods in this case against the defendant A expired three years after the three-year extinctive prescription under Article 163 subparagraph 6 of the Civil Code. Thus, the above defense of the defendant A is justified.
As to the judgment on the re-appeal of the Plaintiff’s interruption of extinctive prescription (approval), the Plaintiff’s payment for goods not paid until July 18, 2012 is KRW 52,605,840.