1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. The fact of recognition that the Plaintiff, a juristic person operating a sales business of synthetic resin products, construction materials, flooring materials and remote area sales business, supplied goods to the Defendant by 2004, and the fact that the Defendant partially repaid the price of the goods to the Plaintiff by January 31, 2005 is not disputed between the parties or that the Defendant partly repaid the price of the goods to the Plaintiff by January 31, 2005, may be recognized

2. As to the Defendant’s claim for extinctive prescription, the Defendant asserted that the Plaintiff’s claim for the payment of KRW 12,659,260 in the balance of the price of the goods by the lawsuit of this case was a claim against the goods sold by the merchant, and that three years have already elapsed since January 31, 2005 when the extinctive prescription period was expired.

The extinctive prescription is completed unless it is exercised for three years (Article 163 subparag. 6 of the Civil Act). As to the claim for the price of the instant goods sold by the Plaintiff, a merchant, the extinctive prescription is applicable. Since the Plaintiff’s lawsuit was filed on December 22, 2008, which was three years from January 31, 2005 when the Defendant paid the price, the claim for the price of the goods was already extinguished before the lawsuit of this case was filed.

Therefore, the defendant's defense is justified.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. Since the judgment of the court of first instance is unfair with different conclusions, it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.