1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

1. Facts of recognition;

A. The Plaintiff is a corporation established for the purpose of housing construction business, sales business, sales business, and lease business.

B. From January 9, 2008 to September 19, 2009, the Plaintiff supplied ready-mixeds to the A apartment site in Ycheon-si, the Defendant performed. The price is KRW 18,165,44.

On April 30, 2010, the Plaintiff and the Defendant agreed to discount the above ready-mixed price at KRW 15,803,128.

C. On December 6, 2010 and December 7, 2011, the Plaintiff notified the Defendant that he would be legally treated at the time of the payment, and notified the Defendant that he would deposit the unpaid ready-mixed price.

On the other hand, the defendant filed a lawsuit against the company manufacturing and selling ready-mixeds including the plaintiff on the ground that they suffered damages by unfairly restricting competition (Seoul Southern District Court 201Gahap19820), and the first instance court dismissed the defendant's claim, but the appellate court declared that the defendant's claim was dismissed, but the appellate court declared that it sought payment of 205,774,690 won and damages incurred therefrom (Seoul High Court 2013Na2029149), and the above judgment became final and conclusive around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7 (including all of the virtual numbers), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant is obligated to pay 15,803,128 won for ready-mixed and delay damages to the plaintiff.

B. As to the defendant's defense of extinctive prescription, the defendant asserts that the plaintiff's claim of this case was extinguished by extinctive prescription.

The plaintiff and the defendant are both merchants and the defendant, and the plaintiff's claim for the payment for ready-mixed sold to the defendant constitutes the price for the goods sold by the merchant, which is three years in accordance with the proviso of Article 64 of the Commercial Code and Article 163 subparagraph 6 of the Civil Code.

Extinctive prescription shall continue from the time when a right has arisen objectively and is able to be exercised, and it shall be limited to the time when such right is not exercised.