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(영문) 서울남부지방법원 2016.04.29 2015가단59416
물품대금
Text

1. The Defendant shall pay to the Plaintiff KRW 28,292,50 and the interest rate of KRW 15% per annum from November 24, 2015 to the day of full payment.

Reasons

1. The determination of the cause of the claim is that the Plaintiff’s failure to supply the goods to the Defendant by September 22, 2015, by September 22, 2015, is either a dispute between the parties, or that the amount of the goods not supplied to the Defendant by September 22, 2015, is recognized by the evidence evidence Nos. 1 through A. 4.

According to the above facts, the defendant is obligated to pay to the plaintiff 28,292,50 won for goods and delay damages calculated at the rate of 15% per annum from November 24, 2015 to the day of full payment, which is the day following the delivery of the complaint in this case.

2. The Defendant asserts that the statute of limitations should be followed as the outstanding amount of goods has occurred in 2011 and 2012. The Plaintiff asserts that the Defendant partially repaid the price of goods by September 2015, and that the claim for the price of goods has not expired.

The defendant's assertion that the statute of limitations has expired automatically, but does not specify the starting point of the statute of limitations, the period of the statute of limitations, and the expiration date of the statute of limitations.

In addition, according to the whole purport of evidence Nos. 2 and 4, the plaintiff and the defendant supplied goods on credit to the defendant and calculated that the goods paid by the defendant are appropriated for a partial repayment of the accumulated credit amount until then, and the defendant paid KRW 1,196,80 to the plaintiff on September 23, 2015.

According to the above facts, it is reasonable to view that the defendant has approved the obligation that occurred up to that time when he pays the goods to the plaintiff.

Finally, it is recognized that the Defendant’s approval of the Defendant’s debt was September 23, 2015, and the Plaintiff filed the instant lawsuit on November 16, 2015 where two months have not elapsed thereafter, and that the instant claim for the price of goods expired.

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