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(영문) 서울중앙지방법원 2020.07.09 2019나78595
물품대금
Text

1. The plaintiff's appeal is all 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. The reasoning of the judgment of the court of first instance cited by the court of first instance is identical to the ground of the judgment of the court of first instance, except for the case where the plaintiff additionally determines as to the assertion emphasized by the appellate court under paragraph (2). Therefore, it is acceptable to accept it as is

The summary is that the plaintiff's claim against the defendants can be recognized, but since the claim has expired by five-year commercial prescription, the plaintiff's claim against the defendants cannot be accepted.

2. The plaintiff's additional determination as to the plaintiff's assertion is the husband of the defendant C and the limited partner of the defendant E, which is the non-party company established by the non-party E. The defendant company has already repaid the goods payment obligation through the non-party company, and approved the details of the debt, and thus, the plaintiff's claim for the goods payment against the defendants was suspended, or

The fact that Defendant C was the husband of Defendant C and the limited partner E of the Defendant Company constituted the non-party company does not dispute the Defendants.

However, the statement of Gap evidence Nos. 3 through 8 alone is insufficient to recognize that the defendant company repaid the obligation to pay the goods of this case through the non-party company or approved the details of the obligation, and there is no other evidence to acknowledge it.

Even if the non-party company performed the obligation on behalf of the defendant company and approved the content of the obligation, such circumstance alone does not necessarily lead to the effect of interrupting prescription with the defendant company, and it cannot be deemed that the Defendants renounced the statute of limitations interest with respect to the obligation.

The plaintiff's assertion is not accepted.

3. The judgment of the court of first instance is legitimate, and all of the plaintiff's appeal is dismissed.

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