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(영문) 대구지방법원상주지원 2019.05.22 2018가단1116
물품대금
Text

1. As to KRW 150,437,267 and KRW 133,935,960 among the Plaintiff, the Defendant shall start from October 16, 2018 to May 22, 2019.

Reasons

1. Determination on the plaintiff's claim

A. On March 8, 2014, the Plaintiff, a fertilizer supplier, who is a judgment supplier on the cause of the claim, supplied the Defendant with an amount equivalent to KRW 39,250 (125,542,200) out of 20 kgs of compost 39,250 (125,542,200) and paid a total of KRW 13,935,960 (13,935,960) for the Defendant’s subsidies, and agreed to be paid at the end of September 2014 when the harvest of KRW 13,935,960 was terminated, may be recognized if there is no dispute between the parties, or if the purport of each entry in the evidence No. 1, No. 4, and No. 8 was neglected.

Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the total sum of KRW 133,935,960, including the fertilizer price, and delay damages therefor.

B. Determination 1 on the Defendant’s assertion 1) The summary of the Plaintiff’s claim is three (3) years of extinctive prescription as commercial liability, which is the price for the goods sold by the merchant. Since the instant lawsuit was filed after three (5) years from the due date, the extinctive prescription has expired. Even if not, the Defendant agreed with the Plaintiff on October 1, 2018 that the distribution of the ship located on the one complex in the Gangwon-gun-gun C, Gangwon-gun, and provided an extinctive prescription of 180 tons to the Plaintiff. Accordingly, the obligation between the Plaintiff and the Defendant was terminated in entirety. 2) The judgment on the Plaintiff’s claim that the extinctive prescription expired cannot be deemed as the price for the sold goods, and thus, the extinctive prescription period under the Commercial Act shall be applied to the Plaintiff’s claim against the Defendant, and it is apparent that the instant lawsuit was filed within five (5) years from the due date of the due date. Therefore, the allegation on this part of

Meanwhile, among the Plaintiff’s claim, the portion of the fertilizer price can be seen as the price for the goods sold by the merchant, and thus, the short-term extinctive prescription of three years is applied pursuant to Article 163 subparag. 6 of the Civil Act. It is apparent that the instant lawsuit was filed after three years from September 30, 2014, which is the due date.

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