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(영문) 수원지방법원 2016.05.24 2015가단62261
물품대금
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. From August 10, 2010 to September 29, 2010, the Plaintiff asserted that the Plaintiff supplied goods equivalent to KRW 77,000,00 (including value-added tax), including JACUM CHABER and original plate (FLGE) to the Defendant. The Defendant paid only a part of the above goods and did not pay the remainder KRW 26,168,000. Thus, the Plaintiff is obligated to pay that amount to the Plaintiff.

2. In the name of “C”, the fact that the Plaintiff engaged in the business of manufacturing semiconductor equipment in the name of “D” and supplied semiconductor equipment equivalent to KRW 77,00,000 to the Defendant engaged in the business related to the semiconductor automation system until August 18, 2010 can be acknowledged if there is no dispute between the parties, or if the purport of the entire pleadings is shown in the written evidence No. 1-3.

However, the Plaintiff’s claim for the price of goods against the Defendant constitutes “price for products and goods sold by producers and merchants” under Article 163 subparag. 6 of the Civil Act and takes three years extinctive prescription. Since the instant lawsuit was filed after three years from the time when the Plaintiff can exercise the above claim against the Defendant, the Defendant’s claim for the price of goods has merit, and the Plaintiff’s assertion has no merit.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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