The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Basic Facts

A. The Plaintiff is a company that manufactures and sells agricultural machinery, and B is a person who has entered into an agency contract with the Plaintiff.

B. B around September 2009, sold one compact machine purchased from the Plaintiff to the Defendant at KRW 15 million.

The Defendant paid KRW 55 million in cash as agricultural cooperative loans, KRW 11 million, and the remainder KRW 38.5 million in the purchase price.

C. On March 9, 2012, B transferred the outstanding claim for the purchase price to the Plaintiff and notified the Defendant of the fact around that time.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 3 evidence, entry of Eul 2 to 6 evidence, video and purport of the whole pleading

2. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the acquisition amount of KRW 38.5 million and damages for delay, unless there are special circumstances.

3. Judgment on the defendant's assertion

A. 1) The claim for the purchase price of this case is subject to a three-year short-term extinctive prescription pursuant to Article 163 of the Civil Act. Since the claim of this case was filed on May 12, 2014, which was more than three years after the date on which the sales contract of this case was concluded, the extinctive prescription had already been completed, and thus, it was impossible to use the claim normally due to the defect of the compact machine. Accordingly, on October 30, 2009, the Plaintiff, B, and Defendant agreed that “the Plaintiff would damage A/S free of charge until November 30, 2010, and the Defendant shall deposit the self-paid amount in the absence of any error.”

However, there was a continuous defect in the compact machine, and the plaintiff did not repair differently from the promise, so the plaintiff's claim of this case is unfair.

B. Determination 1 constitutes “price for the goods sold by merchants” and thus, the period of extinctive prescription pursuant to Article 163 subparag. 8 of the Civil Act takes three years. The instant lawsuit claiming the balance of the purchase price was filed on May 12, 2014, which was far more than three years from September 2009, which was the date on which the said purchase price was concluded.