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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
[Claim]
Reasons
1. The reasoning of the judgment of this court cited in the judgment of the court of first instance is as follows, and the part of “(5) claim for the completion of extinctive prescription” in part of Article 13-14 of the judgment of the court of first instance is dismissed as follows, and except for the addition of the judgment of this court to the determination of a new argument made by the defendant in this court, it is consistent with the reasoning of the judgment of the
2. (5) The part of the lower court’s claim for the completion of the extinctive prescription is subject to the five-year commercial extinctive prescription under Article 64 of the Commercial Act as a commercial claim for the claim for rent-sale under the lease-sale contract of this case (A). Since the lawsuit of this case was filed on March 25, 2009, which is the date of the payment of the intermediate payment of the above rent-sale claim, and five years have elapsed from October 25, 2009, which is the date of payment of the remainder of the rent-sale claim, the extinctive prescription period for
(B) Article 166(1) of the Civil Act provides that “The extinctive prescription shall run from the time when the right can be exercised.” As such, the extinctive prescription of a claim with a time limit runs from the time when the due date comes to the time when the claim becomes due, but where the obligee and the obligor have agreed to postpone the time limit after the due date comes to the time when the due date becomes due, the
The agreement of deferment of time is explicitly and explicitly possible, and it is necessary to comprehensively consider all the circumstances such as the process and contents of the contract, process of performance, and existence of an implied agreement of deferment of time in any case in the contractual credit relationship.
(See Supreme Court Decision 2016Da274904 Decided April 13, 2017, etc.). Comprehensively taking account of the facts acknowledged earlier and the overall purport of the arguments and arguments, Article 2 of the instant lease sale contract is 4th of the rent.