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(영문) 수원지방법원 2016.10.26 2016가단521811
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. 【Evidence” 【In the absence of a dispute, the Plaintiff filed a lawsuit against the Defendant for the claim for the amount of goods, and received the judgment on December 23, 2004, stating that “The Defendant shall pay to the Plaintiff 4,082,500 won with 5% per annum from August 20, 2004 to November 1, 2004, and 20% per annum from the next day to the date of full payment.” The above judgment became final and conclusive on January 14, 2005.

2. The allegations by the parties and the judgment of this court

A. (1) The Plaintiff’s assertion (1) filed the instant lawsuit for the interruption of extinctive prescription, since the Plaintiff had a claim against the Defendant for the payment of goods in accordance with the above final judgment.

(2) The Defendant’s claim based on the above final judgment became extinct due to the completion of prescription.

B. On June 21, 2016, ten years have passed since the judgment of the court of this case became final and conclusive, the fact that the Plaintiff filed the instant lawsuit is apparent in the record, and thus, the claim for the payment of goods under the said final and conclusive judgment was extinguished by the completion of prescription.

The defendant's objection against the statute of limitations is justified.

3. The plaintiff's claim is dismissed as it is without merit.

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