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(영문) 부산지방법원 2021.03.31 2020나41733
물품대금
Text

The judgment of the first instance is revoked.

The plaintiff's claim is dismissed.

All costs of litigation shall be borne by the plaintiff.

claim. The purport of the claim.

Reasons

1. Determination as to the cause of claim

A. In full view of the purport of the entire pleadings, the following facts can be acknowledged in the evidence Nos. 1 and 2 as a whole.

1) On October 7, 2009, the Defendant purchased “Sge-type 3 cosmetics” from the Plaintiff who is engaged in the business of selling cosmetics, and concluded a purchase agreement with the Plaintiff to pay KRW 10,000 out of KRW 450,000 on the date of the contract as down payment, and the remainder KRW 440,000 on the date of each ten occasions from November 7, 2009 to August 7, 2010 (35,000 on the date of the last payment) to pay KRW 45,00 each month (hereinafter “instant installment contract”).

2) The Defendant paid 10,000 won to the Plaintiff on the day of the instant installment contract, and delivered the said cosmetics, but paid only KRW 45,000 on November 7, 2009, and paid only KRW 5,000 on December 7, 2009, and did not pay the remainder of the goods to the Plaintiff.

B. According to the above facts of determination, the defendant is obligated to pay to the plaintiff 60,000 won for the above 450,000 won for the above goods (i.e., the contract amount of KRW 10,000 on Nov. 7, 2009) less the remaining goods price of KRW 390,000 for the remaining goods (=450,000 won - 60,000) and damages for delay.

2. Judgment on the defendant's defense

A. The Defendant asserts that the Defendant’s claim for the payment of the goods unpaid by the Plaintiff under the instant installment contract has expired due to the lapse of the short-term extinction period of three years from the respective payment date.

B. The Plaintiff’s claim for the payment of goods under the instant installment contract constitutes the price for the goods sold by the merchant, and thus, the short-term extinction prescription of three years under Article 163 subparag. 6 of the Civil Act applies.

In addition, according to the facts acknowledged earlier, the Plaintiff’s claim for the payment of goods unpaid from December 7, 2009 to August 7, 2010 based on the instant installment contract, and the period of prescription expires from the day following the payment date on the seventh day of each month from August 7, 2010.

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