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1. The plaintiff's respective claims against the defendants are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In full view of the overall purport of the pleadings as to the cause of the claim Gap's evidence Nos. 1 and 3 (including the paper number), it is recognized that C corporation did not pay the price of goods to the plaintiff by July 30, 2005 (hereinafter "the price of goods in this case"). Accordingly, on July 22, 2005, defendant A, the representative director of the above company, prepared a letter of commitment that he would pay the plaintiff the price of 60 million won to the plaintiff by August 16, 2005, and on July 5, 2005, defendant B, the spouse of the defendant A, prepared a letter of commitment that he would pay 50 million won to the plaintiff by July 30, 2005.
According to the above facts of recognition, barring any special circumstance, Defendant A is obligated to pay to the Plaintiff KRW 60 million and delay damages therefor, and Defendant B is jointly obligated to pay the said amount to the Plaintiff KRW 50 million and delay damages.
On the other hand, the plaintiff sought payment of KRW 60 million against the defendant B, but there is no evidence to prove that the defendant B agreed to pay additional money to the plaintiff in addition to the payment angle of KRW 50 million. Thus, the part of the plaintiff's claim exceeding KRW 50 million recognized earlier is without merit.
2. The Defendants’ assertion and judgment asserted that the Plaintiff’s claim for the instant product payment against the Defendants had expired due to the lapse of the statute of limitations.
In light of the contents of the foregoing payment note, the Defendants jointly assumed the instant goods payment obligation against the Plaintiff of C Co., Ltd.
However, since both the Plaintiff and C Co., Ltd. are corporations under the Commercial Act, the Plaintiff’s claim for the price of the instant goods against C Co., Ltd. constitutes the price for the goods sold by the merchants, and its extinctive prescription is three years pursuant to Article 163 subparag. 6 of the Civil Act. The instant lawsuit is due to the date of payment for the goods agreed upon by the Defendants to the Plaintiff.