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1. Of the judgment of the first instance, KRW 1,764,728 against the Plaintiff among the judgment of the court of first instance, and the Plaintiff’s aforementioned amount, from May 19, 2016 to May 26, 2017.
Reasons
1. The Plaintiff, who operates a gas station to determine the cause of the claim, supplied the Defendant with the oil equivalent to the sum of KRW 3,104,462 from April 12, 2012 to May 14, 2013 (hereinafter referred to as “instant oil payment claim”) may be recognized in accordance with the respective entries and arguments set forth in subparagraphs A through 5 (including the number of pages), and the purport of the whole pleadings.
Thus, the defendant is obligated to pay to the plaintiff KRW 3,104,462 and delay damages.
2. Determination on the statute of limitations defense, etc.
A. The Defendant’s assertion 1) extinguished by prescription the remainder of the claim except for KRW 97,291 as to the portion supplied via transit on May 14, 2013. 2) The Defendant alleged the Plaintiff’s assertion in the first instance trial proceeding, expressed his/her intention to fully recognize the remainder except for KRW 1,339,734, which is equivalent to KRW 766, Mar. 8, 2013, and thus, the extinctive prescription for this portion should be deemed not to have expired.
B. Unless there are special circumstances, the extinctive prescription is deemed to expire upon the lapse of three years from the time of occurrence of a claim for credit payment arising from a continuous goods supply contract, and shall not be calculated from the date of termination of the transaction.
(See Supreme Court Decision 91Da10152 Decided January 21, 1992, etc.). Since the period of extinctive prescription is three years, the claim for the oil price of this case, which is the price for the goods sold by the Plaintiff, a merchant, was three years, the claim for the oil price of this case was 3,007,171 won, excluding KRW 97,291, as to the portion supplied via May 14, 2013, it is clear that three years have elapsed retroactively from the date of each occurrence of each of the instant lawsuit, which is the date of filing the lawsuit.
However, on the other hand, the defendant, through the preparatory documents dated May 18, 2016, is recognized as part of the defendant, but on March 2013.