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(영문) 서울서부지방법원 2017.06.02 2016가단246766
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff operated a audio wholesale business with the trade name “D” in Yongsan-gu Seoul Metropolitan Government, and the Defendant operated a audio retail business with the trade name “F” in Yongsan-gu Seoul Metropolitan Government E.

B. From October 18, 2006 to July 22, 2011, the Plaintiff supplied the Defendant with audio products, and the Plaintiff did not issue the tax invoice upon the transaction of non-data.

C. The Plaintiff prepared the transaction account book in the course of trading with the Defendant (hereinafter “instant transaction account book”), and the model name, unit price, and quantity supplied by the Plaintiff are written.

On the other hand, the above transaction account book contains the date and amount of remitting the payment to the Plaintiff, and the date and amount are consistent with the details of the Plaintiff’s passbook transaction.

On October 12, 2011, the Defendant, at the last time, remitted the amount of KRW 1.2 million to the Plaintiff. The amount of the goods unpaid on the instant transaction account is KRW 83,005,00.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, and 7, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the account books of this case prepared by the plaintiff are deemed to have been prepared whenever the plaintiff trades with the defendant, and it is deemed to have high credibility, such as the date and amount remitted to the plaintiff by the defendant, consistent with the plaintiff's account statement.

Therefore, barring special circumstances, the Defendant is obligated to pay the Plaintiff the unpaid amount of KRW 83,005,000 and damages for delay.

3. Judgment on the defendant's defense of extinctive prescription

A. The defendant asserts that the claim for the price of goods in this case had already been extinguished after the extinctive prescription expires.

According to Article 163 subparagraph 6 of the Civil Code, in the case of the price for products and goods sold by producers and merchants, if the claim is not exercised for three years, the extinctive prescription shall expire.

However, the plaintiff supplied the defendant with audio products until July 22, 201.

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