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(영문) 수원지방법원 2016.12.27 2016나57106
물품대금
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The Plaintiff filed a claim for payment of KRW 18,445,500 for the goods supplied to the Defendant from August 13, 2010 to August 14, 2012. The Defendant asserts that there was no obligation to pay the said goods or that the short-term extinctive prescription has expired.

In light of the facts stated in the evidence Nos. 1 through 3, it is insufficient to deem that there exists the price for the goods not claimed by the plaintiff, and there is no other evidence to acknowledge it, and even if there is no price for the goods.

Even if the Plaintiff filed the instant lawsuit on October 29, 2015 after the three-year statute of limitations elapsed from the time of the last supply of goods, the Plaintiff’s obligation was extinguished due to the completion of the statute of limitations.

As to this, the Plaintiff re-claimed to the purport that the period of extinctive prescription should be extended by approving the above time’s obligation, since the Defendant, around August 2013, issued three copies of the cemetery membership rights owned by the Defendant as a substitute for paying the unpaid goods payment. However, the Defendant’s testimony to the purport that the Defendant’s spouse C has sent three copies of the cemetery membership rights to D is insufficient to view that the Defendant’s obligation to pay the goods was approved, and there is no other evidence to acknowledge this otherwise.

2. Thus, the plaintiff's claim shall be dismissed as it is without merit, and the judgment of the court of first instance is justified with this conclusion. Thus, the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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