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(영문) 광주지방법원순천지원 2016.06.02 2015가단17498
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

The Plaintiff, as the cause of the instant claim, asserts that, from February 10, 2003, to May 10, 2009, the Plaintiff engaged in wholesale and retail business, supplied goods necessary for electrical construction to the Defendant who conducts electrical construction business from February 10, 2003 to May 10, 2009, and that the outstanding amount of the price of the goods reaches KRW 27,416,00.

On the other hand, the Plaintiff’s claim for the price of goods of this case constitutes a claim for the purpose of paying the price of goods sold by the merchant and thus Article 163 subparag. 6-3 of the Civil Act applies short-term extinctive prescription for the year under Article 163-3 of the Civil Act. It is evident that the application for the payment order of this case was filed on October 13, 2015 after three years from May 10, 2009 at the date of transaction.

Therefore, the defendant's defense of extinctive prescription is justified.

Thus, the plaintiff's claim of this case is dismissed as it is without merit.

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