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(영문) 서울남부지방법원 2015.01.22 2014나8825
미수금
Text

1. The plaintiff's appeal and the plaintiff's claim expanded in the trial are all dismissed.

2. Demanding and expanding the costs of appeal.

Reasons

1. As to the Plaintiff’s assertion, the Plaintiff filed a claim for payment with the Defendant by asserting that the Plaintiff had failed to receive KRW 9,240,000, out of the supply price, although the Plaintiff slaughtered the lawsuit to the Defendant from around 2005 to February 6, 2010.

However, even if the Plaintiff did not receive the payment for the supply of the goods from the Defendant, the Plaintiff’s claim for the payment for the said goods is subject to the short-term extinctive prescription of three years as to the claim for the price for the products and goods sold by the producer and merchant. Since it is apparent in the record that the Plaintiff filed the instant lawsuit on November 4, 2013 after three years from February 6, 2010, when it was able to exercise the above right, the Plaintiff’s claim for the payment for the goods was extinguished due to the lapse of the three-year extinctive prescription as of November 4, 2013. The Plaintiff’s claim for the payment for the goods was extinguished due to the lapse of the three-year statute of limitations as of the time the instant lawsuit was

2. If so, the plaintiff's claim is dismissed as it is without merit, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal and the plaintiff's claim expanded in the court of first instance are dismissed as it is without merit. It is so decided as per Disposition.

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