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(영문) 서울중앙지방법원 2017.12.12 2017가단40700
약정금
Text

1. The Defendant shall pay to the Plaintiff KRW 81,212,92 and interest rate of KRW 15% per annum from September 29, 2017 to the day of complete payment.

Reasons

1. Facts of recognition;

A. From May 2009 to 201, the Plaintiff supplied paper paper to C Co., Ltd. (hereinafter “C”) in which the Defendant was a company director and the Defendant’s wife D several times.

B. The Plaintiff, as of December 2, 2013, was not paid KRW 60,660,602 from C, and KRW 20,552,390 from D.

On the same day, the Defendant drafted a letter of payment stating that “The Defendant promised to make payment for D portion of the above remaining amount by January 31, 2014, by 5 million won, and by 3 million won from February 2014 to 3, 2014, in consultation for C portion,” to the Plaintiff.

[Reasons for Recognition] Unsatisfy, Gap 1-3 evidence, the purport of the whole pleadings

2. The Defendant is obligated to pay to the Plaintiff a total of KRW 81,212,92 ( KRW 60,660,602 + 20,552,390) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from September 28, 2017 to the date of delivery of a copy of the complaint of this case (after the date of request for performance by filing the suit of this case) sought by the Plaintiff.

3. Judgment on the defendant's assertion

A. The Defendant’s claim is the claim for the price of the goods, and the Plaintiff filed the instant lawsuit after three years from the date of supply of the goods.

In addition, the lawsuit of this case was filed three years after the date of the preparation of the above statement of payment based on the goods payment claim.

Since the lawsuit of this case was filed after the prescription period expires due to the plaintiff's claim for the price of goods or the agreed amount claim based on the payment note, the defendant cannot accept the plaintiff's claim.

B. The claim for “the price for products and goods sold by producers and merchants” with the short-term extinctive prescription of three years.

(Article 163 Item 6 of the Civil Code). However, the plaintiff's claim is not a claim for the price of goods, but a claim for the agreed amount under the above payment note, which is the defendant.

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