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.

1. Basic facts

A. The Plaintiff is a person who runs the wholesale and retail business of the cremation area with the trade name “D,” and the Defendant is a person who runs the distribution business with the trade name “E,” from Goyang-si, Goyang-si.

B. From November 30, 2009 to May 8, 2014, the Plaintiff continued to supply the cremation to the Defendant at the Defendant’s request. The Defendant unpaid KRW 8,086,500 out of the price of the said goods (hereinafter “instant goods”).

[Grounds for recognition] Each entry of Gap evidence Nos. 1, 2, and 3 (including each number for those with a serial number), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff the price of the goods of this case 8,086,500 won and damages for delay, except in extenuating circumstances.

B. 1) The Defendant asserts that the extinctive prescription period of three years has already expired since the claim for the price of the goods in this case was applied to the products sold by the producer and merchant under Article 163 subparag. 6 of the Civil Act and the price of the goods sold by the producer and merchant under Article 163 subparag. 6 of the Civil Act. Accordingly, the Plaintiff asserted that the prescription period of five years has not yet expired at the time of the instant lawsuit, as the claim for the price of the goods in this case was a commercial bond to which Article 47 of the Commercial Act applies. Even if the three-year short-term extinctive prescription applies, the Defendant approved the instant goods payment obligation on December 2017, and thus the extinctive prescription has been interrupted. 2) The claim for the price of the goods sold by the merchant in this case was three years (Article 163 subparag. 6 of the Civil Act). The extinctive prescription period of each credit claim for the price of the goods sold by the merchant in this case

(See Supreme Court Decision 2006Da68940 Decided January 25, 2007). The Plaintiff from November 30, 2009 to May 8, 2014