1. The judgment of the first instance is revoked, and the plaintiff's claim is dismissed.

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

1. The Plaintiff’s judgment on the cause of the claim is a person who operates the Smarket with the trade name of “C,” and the Plaintiff sold daily miscellaneous miscellaneous work, such as communications between April 1, 2003 and July 9, 2003, and the credit amount of KRW 1,847,400 is not in dispute between the parties, or the entire purport of the pleadings is acknowledged by taking into account the following facts: (a) there is no dispute between the parties, or between the parties, and (b) Nos. 1 and 2.

According to the above facts of recognition, the defendant is obligated to pay 1,847,400 won on credit to the plaintiff and delay damages therefor, except in extenuating circumstances.

2. The defendant's assertion and judgment

A. The defendant asserts that the claim of this case has expired the three-year short-term extinctive prescription under the Civil Act or five-year commercial extinctive prescription under the Commercial Act.

The fact that the Plaintiff is the merchant operating Smarket is as seen earlier, and the act of the merchant is presumed to be for business purposes (Article 47(2) of the Commercial Act). Thus, when the claim claim of this case is subject to five years commercial extinctive prescription, and when there is a short-term prescription provision in other Acts and subordinate statutes, the extinctive prescription period should be set in accordance with other Acts and subordinate statutes.

(Article 64 of the Commercial Act). Article 163 Subparag. 6 of the Civil Act sets the short-term extinctive prescription period of three years with respect to “the price for products and goods sold by producers and merchants.” As such, the short-term extinctive prescription period of three years shall apply to the claim claim.

The Plaintiff filed an application for a payment order on December 22, 2008, which was far more than three years from July 9, 2003, the final transaction date, was determined by the statement of evidence Nos. 1-2, and barring any other special circumstances, the claim claim of this case expired after the short-term extinctive prescription of three years was completed.

(The same applies to the five-year extinctive prescription period). (b)

The plaintiff asserts that the progress of extinctive prescription was suspended by demanding the defendant to pay the debt until April 10, 2006.

The plaintiff.