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(영문) 서울고등법원 2019.02.01 2018나2037527
양수금
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the grounds of the judgment of the court of first instance is dismissed as follows. Thus, this is accepted by the main sentence of Article 420 of

The third part of the judgment of the first instance to the 11th through 14th part of the judgment of the first instance is as follows.

The claim for the sale proceeds of the Plaintiff is a claim on the “price for the goods sold by the merchant” under Article 163 subparag. 6 of the Civil Act, and if it is not exercised within three years, the extinctive prescription is completed, and the period of extinctive prescription is the same as that of the principal claim (see, e.g., Supreme Court Decision 2010Da28031, Sept. 9, 2010). Therefore, if the claim for damages for delay on the sale proceeds of the Plaintiff is not exercised within three years, the extinctive prescription expires. However, according to the foregoing facts found earlier, the Plaintiff’s sale proceeds and the claim for damages for delay can be found to have expired after the short-term extinctive prescription of three years prior to filing

2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed.

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