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(영문) 춘천지방법원영월지원태백시법원 2017.05.11 2016가단33
청구이의
Text

1. The Defendant’s case concerning the purchase price of goods at the Chuncheon District Court, Youngcheon District Court, Taecheon District Court, 2015 tea 338.

Reasons

The facts are acknowledged. In the case of the purchase price of goods in Youngcheon District Court Decision 2015Hu338, the Youngcheon District Court Decision 2015Hu338, the defendant filed against the plaintiff on November 26, 201, the plaintiff purchased goods from the defendant on December 19, 1991 [Correction] at KRW 428,00, and did not pay goods after March 20, 1992. As a result, the defendant did not pay KRW 326,710 out of the above price as of November 26, 2015. The plaintiff was ordered the defendant to pay damages for delay at the rate of 15% per annum from the day following the delivery of the above payment order to the day of complete payment. The above payment order became final and conclusive on April 7, 2016.

On December 19, 1991, the Plaintiff purchased Blulue from the Defendant.

【The grounds for recognition”(Article 150(1) of the Civil Procedure Act), and the above facts found in this court, the defendant's claim for the price of goods against the plaintiff is related to the price of goods sold by the merchant, and the period of extinctive prescription is three years. However, it is apparent that the extinctive prescription of the above claim for the price of goods, which was delayed on March 20, 1992, which was incurred by the defendant's delay before the date of application for the above payment order against the plaintiff, has expired. Thus, the above claim for the price of goods has already expired before the date of application for the above payment order.

The plaintiff's claim for conclusion is justified.

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