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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The Plaintiff’s assertion is the cause of the instant claim. The Plaintiff continued to provide the Defendant with goods such as the water set control period from 2006 to April 27, 2009, and the Defendant did not pay KRW 113,00,000 out of the price of the above goods. The Plaintiff claimed against the Defendant for payment of the above price of the goods and damages for delay.
In regard to this, the defendant asserts to the effect that even if it is assumed that the defendant paid or settled the price of the above goods to the plaintiff, and that the plaintiff's claim remains, the above claim is extinguished by the completion of the short-term extinctive prescription prescribed in the relevant Act.
2. Article 163 subparag. 6 of the Civil Act provides that “The claim on the price of products and goods sold by producers and merchants shall be extinguished by prescription if it is not exercised for three years.”
On the other hand, the Plaintiff and the Defendant did not dispute between the parties that the Plaintiff and the Defendant are in the status of the producer and the merchant, and on the other hand, the final due date for the Plaintiff’s claim for the payment of goods was April 27, 2009. Since the instant lawsuit filed by the Plaintiff was filed only on October 10, 2014, it was apparent that three years have elapsed since the instant lawsuit was filed by the Plaintiff, the claim for the payment of goods was completed by the short-term statute of limitations under Article 163 subparag. 6 of the Civil Act.
In addition, even though this court ordered several times to the plaintiff whether "the plaintiff's assertion is the plaintiff's position on the defendant's assertion, the plaintiff merely submitted evidence on the claim, and did not accurately state the plaintiff's position on the short-term extinctive prescription, and the plaintiff's request to the effect that the judgment should be promptly completed while the defendant is absent. Thus, the plaintiff's argument on the ground of the above claim is eventually made.