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(영문) 서울중앙지방법원 2019.09.09 2019가단5064644
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff seeks payment from the Defendant for injection medicine amounting to KRW 35,200,000 (ForteBio Octet RED384).

As to the fact that the Plaintiff supplied the above goods to the Defendant, the evidence submitted by the Plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it.

Even if the Plaintiff supplied the above goods to the Defendant, the payment date of the price for the goods claimed by the Plaintiff is around April 1, 2014, and pursuant to Article 163 subparagraph 6 of the Civil Act of 3 years thereafter, the lawsuit of this case is extinguished by the extinctive prescription, unless the claim is exercised for three years for the price for the products and goods sold by the producer and merchant.

The record clearly shows that the plaintiff's claim for the price of goods was filed on March 21, 2019, and eventually, the short-term extinctive prescription of three years has expired.

Therefore, the plaintiff's claim of this case is without merit.

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