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(영문) 서울서부지방법원 2015.08.12 2015가합1222
공사대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

The Defendant, upon strengthening the Plaintiff on December 3, 2009, agreed to pay the construction cost of KRW 220,000,000 to the Plaintiff in installments from February 2, 2010 to December 2, 2010, is not a dispute between the parties. Therefore, the Defendant is obligated to pay the Plaintiff the said agreed amount of KRW 220,000,000 and delay damages, barring any special circumstance.

In regard to this, the defendant's defense that the above claim had expired after the three-year extinctive prescription period, is examined, and the above claim is subject to the short-term extinctive prescription period of three years as to the Corporation, and on January 1, 201, the period of repayment for the total amount of the claim under the above agreement has expired. However, since the plaintiff's defense is obvious in calculating the period that the lawsuit in this case was filed after the lapse of three years from the due date, the plaintiff's defense is reasonable.

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

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