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1. The Defendant’s KRW 23,775,00 for the Plaintiff and 5% per annum from August 10, 2016 to April 7, 2017.
Reasons
1. According to the overall purport of evidence Nos. 1 and 2 (including each number), as to the Plaintiff’s claim, the Plaintiff supplied the import fireworks to the Defendant who operates the fireworks with the trade name “B” from around 2008 to March 2015; the Plaintiff paid the total amount of KRW 9,901,500 to the remainder of KRW 34,176,500 after the transaction was completed; and it is recognized that the Plaintiff received KRW 500,00 from the Defendant as a part of principal around August 22, 2016, see Article 3(c) of the preparatory brief submitted on November 1, 2016.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff KRW 23,775,00 (=24,275,000 - 500,000) and damages for delay.
2. The defendant's assertion asserts that the defendant's claim for the price of goods has expired after the expiration of the extinctive prescription.
Where several claims relations with the same kind of subject matter are established due to continuous transactions between the same parties, even if the obligor performs part of the obligation without designating a specific obligation, it shall be deemed to have approved the remaining obligation, unless special circumstances exist, and thus, the interruption of prescription or renunciation of prescription may be recognized.
(See) In light of the aforementioned legal principles, the period of short-term extinctive prescription of three years is applied pursuant to Article 163 of the Civil Act as consideration for the products and goods sold by producers and merchants, and the Plaintiff’s claim for the purchase of goods is subject to the short-term extinctive prescription of three years pursuant to Article 163 of the Civil Act. According to the purport of each of the items and arguments in subparagraphs 1 and 2, the Defendant continued to be supplied with fireworks from the Plaintiff and paid the price for the goods to the Plaintiff from March 22, 2015, the Defendant repaid the Plaintiff KRW 10,401,50 in total nine times from August 22, 2016.