1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Comprehensively taking account of the respective descriptions of evidence Nos. 1, 3, and 4 and the purport of the entire pleadings as to the cause of the claim, the Plaintiff may recognize the fact that the Plaintiff supplied the Defendant with tools equivalent to KRW 23,029,333, a total of KRW 23,029,333, on the terms of settlement from July 30, 2010 to January 31, 2012, and the Plaintiff was paid KRW 19,628,186, out of the price of the above goods from September 2, 2010 to April 1, 2013.

Thus, the defendant is obligated to pay the price of the goods unpaid to the plaintiff 3,401,147 won (=23,029,33 won - 19,628,186 won) and damages for delay.

2. As to the defendant's defense of extinctive prescription, the defendant defense that the extinctive prescription of the claim for the price of the goods of this case has expired.

On the other hand, since the instant claim for the price of goods is a claim arising from commercial activities, the five-year extinctive prescription is applied pursuant to Article 64 of the Commercial Act. The period of the instant claim for the price of goods is as seen earlier on February 29, 2012, which is the end of the month following the last delivery date. The fact that the instant claim for the price of goods was filed on August 3, 2018, five years after the filing of the application for the payment order, is apparent in the record, and thus, the extinctive prescription has expired.

(3) The Defendant’s defense pointing this out is with merit, even if the Defendant’s final repayment of goods on April 1, 2013 is considered as the starting point of the statute of limitations.

3. As to the determination on the Plaintiff’s ground of the interruption of extinctive prescription, the Plaintiff demanded the Defendant to perform the instant goods payment obligation on several occasions, and thus, re-appealed that the extinctive prescription has been interrupted.

As one of the grounds for interruption of extinctive prescription, the peremptory notice stipulated in Article 174 of the Civil Code is a notification of the creditor's intent to seek the performance of obligation to the debtor, which requires a special form.