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1. The Defendant shall pay to the Plaintiff KRW 44,60,000 and the interest rate of KRW 15% per annum from March 12, 2016 to the date of full payment.
Reasons
1. The Plaintiff: (a) supplied the Defendant, who operates a gas station under the trade name “B gas station” from August 3, 2012 to January 16, 2013; (b) supplied the Defendant with an aggregate of KRW 1,988,08,00 (total of KRW 1,785,688,000 in 202,40,000 in 2013; and (c) received total of KRW 1,872,42,42,00 in 200 in 2013 in 2013 from the Defendant during the period from August 3, 2012 to January 17, 2013 (hereinafter “instant goods”) as the price for the sales goods under a continuous goods supply contract between the Plaintiff and the Defendant.
[Reasons for Recognition] Evidence Nos. 1 through 6, Evidence No. 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 115,646,00 ( KRW 1,988,088,000) out of the total amount of the goods in this case and delay damages therefrom ( KRW 1,872,442,00).
The defendant asserts to the effect that the claim for the price of the goods of this case, which the plaintiff sought, is subject to the short-term extinctive prescription of three years, and all claims arising three years prior to the date of receipt of the complaint of this case
The extinctive prescription of the price for the goods sold by merchants, such as the instant goods payment claim between the original and the Defendant, is complete due to the failure to exercise the right for three years pursuant to Article 163 subparagraph 6 of the Civil Act. Such price for the goods occurred due to the continuous transaction of the snow company.
Even if there is no special agreement on the period of reimbursement, the period of prescription shall individually proceed from the time when each claim for the price of goods occurs, and three years as prescribed by the said Act, respectively, expires (see, e.g., Supreme Court Decision 77Da2463, Mar. 28, 1978). If so, among the Plaintiff’s claim for the price of goods, the claim for the price of goods accrued until January 11, 2013, when three years have passed retroactively from January 12, 2016, which was raised by the Plaintiff’s claim for the price of goods.
As such, the defendant's.