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(영문) 대구지방법원 2016.10.27 2016나484
물품대금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. The plaintiff is a corporation whose purpose is to manufacture and sell ready-mixeds, and the defendant is a person who operated a mushroom plant in Cheongbuk-gun C in Cheongbuk-do.

B. The Plaintiff received an order from the Defendant to supply ready-mixeds necessary for the construction of the said mushroom plant from November 24, 2006 to April 3, 2007, supplied ready-mixeds equivalent to KRW 69,255,920 at the Defendant’s place of business.

C. The defendant, on February 14, 2007, KRW 40 million with the above ready-mixed price to the plaintiff, and the same year.

8. 30,500,000 won; 4 million won on January 4, 100 of the same year; 30,000 won on January 30 of the same month; 100,000 won on December 1 of the same year; 100,000 won on January 30, 2008; and

2. 29.1 million won, the same year.

3. 31.1 million won, and the same year.

6. 2. 100만 원, �은 해

7. 31.1 million won was paid 56 million won in total. D.

On June 23, 2015, the Plaintiff sent to the Defendant a certificate of content that “the Defendant shall pay the Plaintiff the unpaid amount of KRW 13,225,920 (the amount of KRW 69,255,920 (the amount of KRW 69,255,920) - the amount of KRW 56 million)” (hereinafter “certificate of content”) and filed the instant lawsuit on August 5, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, partial testimony of Gap witness D (except for the part not trusted in the front) and the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the unpaid amount of KRW 13,225,920 and delay damages to the plaintiff, except in extenuating circumstances.

3. Judgment on the defendant's defense, etc.

A. The defendant defense that the above ready-mixed claim has expired by prescription.

On the other hand, the plaintiff's claim for the price of ready-mixed constitutes a claim to which the short-term extinctive prescription of three years applies as consideration for the goods sold by the merchants under Article 163 subparagraph 6 of the Civil Code, and is deemed to be a claim with no fixed deadline due to the lack of proof of the due date for payment. Therefore, each extinctive prescription shall run from the date of each supply of ready-mixed

(c).

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