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1. The Plaintiff and the Defendant concluded the C fishing place located in Gyeongbuk-gun B.
Reasons
1. The agreement was concluded between the Plaintiff and the Defendant on the use of telecommunications services with respect to the C fishing place located in the Gyeongbuk-gun B.
According to the above contract, the Plaintiff was obligated to pay the user fee of KRW 3,461,460 in total, KRW 2,714,860 in April 2008, KRW 729,530 in May 2008, and KRW 17,000 in June 2008.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 and 2
A. The plaintiff asserts that the defendant's claim is a commercial bond, and the prescription period has already expired, and the defendant's claim does not exist. The defendant asserts that the statute of limitations has been interrupted since the defendant took various measures to prevent the expiration of the statute of limitations.
B. As to the completion of the extinctive prescription, it is clear that the Defendant, as a stock company, claims arising under the telecommunications service use contract concluded between the Plaintiff and the Defendant were commercial claims and that five years have passed since July 2008 when the Defendant had been able to exercise the claims.
In addition, there is no evidence to acknowledge the defendant's assertion that the extinctive prescription has been interrupted, and the defendant's claim against the plaintiff has expired.
3. Thus, the defendant asserts his claim against the plaintiff, and the plaintiff's lawsuit of this case also has interests in confirmation. Thus, the plaintiff's claim is accepted.