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(영문) 제주지방법원서귀포시법원 2016.09.28 2016가단31
청구이의
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On August 28, 200, the Plaintiff entered into a contract with C (D) to purchase the goods “E” at KRW 1.260,000. At the time, the Plaintiff agreed to pay the said goods in installments for ten months from October 31, 200.

B. On January 13, 2003, the Plaintiff repaid KRW 630,000 out of the price of the goods to C, but did not repay the remainder of KRW 630,000 (hereinafter “instant claim”).

C. C on December 23, 2008, transferred the instant claim to the Defendant, notified the Plaintiff on April 6, 2010, and the said notice of transfer reached the Plaintiff.

The Defendant received the payment order (hereinafter “instant payment order”) from the pertinent court on April 12, 2010 from the date following the delivery of the original copy of the payment order with respect to KRW 1,992,942 and the principal of KRW 630,000, which was calculated by the rate of 20% per annum from the following day of the delivery of the original copy of the payment order to the Plaintiff. The Defendant received the payment order (hereinafter “instant payment order”) from the pertinent court on April 15, 2010. The above payment order was served on the Plaintiff on April 15, 2010, and became final and conclusive on April 30, 2010.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion and judgment

A. First of all, the plaintiff asserted that he agreed with C on January 13, 2003 that the plaintiff would be exempted from the remaining debt at the time of paying 630,000 won to C, but there is no evidence to acknowledge it, and the plaintiff's above assertion is without merit.

B. Following the lapse of the extinctive prescription claim, the Plaintiff’s claim in this case constitutes “price for products and goods sold by producers and merchants,” and thus, a three-year extinctive prescription period is applied pursuant to Article 64 of the Commercial Act or a commercial claim pursuant to Article 163 subparag. 6 of the Civil Act. The foregoing period is from January 13, 2003 when the Plaintiff paid part of the price.

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