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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company that carries on the business of manufacturing and selling automobile parts, and the Defendant is a company that carries on the business of manufacturing automobile parts.
B. On August 7, 2012, the Plaintiff sold three presses machinery in KRW 165,00,000 to the Defendant.
C. On October 25, 2012, the Defendant paid KRW 15,000,000 among the instant goods to the Plaintiff, and paid KRW 150,000,000 to the Plaintiff until the end of 2012.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1, 2, 3, and 6, and the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay the plaintiff 150,000,000 won (=165,000,000-15,000,000) and damages for delay.
3. The defendant's defense and judgment were extinguished by the statute of limitations, and even if it is not so, the defendant's defense that the claim for the price of the goods in this case was offset by the loan equivalent to KRW 150,00,000 against the plaintiff. Thus, the price of the goods in this case constitutes "price for the goods sold by the merchants" under Article 163 subparagraph 6 of the Civil Code and the short-term extinctive prescription of three years is applied. Thus, the plaintiff's lawsuit in this case is clearly recorded in the record that the lawsuit in this case was filed on March 31, 2017, which was three years after the end of the period of payment of the goods in this case. Thus, the price of the goods in this case had already expired before the lawsuit in this case was filed.
Therefore, the defendant's defense is justified.
4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.