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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
The Plaintiff filed the instant lawsuit against the Defendant by asserting that, around June 2011, the construction cost of the electricity fire-fighting work equivalent to KRW 41,795,000 was awarded by the Defendant, and that the construction work was completed around July 201, but the Defendant did not pay KRW 25,795,00 among the construction cost, and that the Defendant filed the instant lawsuit against the Defendant for the payment of the unpaid construction cost.
As such, the Plaintiff’s claim against the Defendant is the claim for the construction cost, and according to Article 163 subparag. 3 of the Civil Act, the said claim for construction cost shall be extinguished if it is not exercised
Even if the Plaintiff had the claim against the Defendant as alleged in its assertion, the Plaintiff applied for a payment order claiming payment of the above claim on September 26, 2016, which was later three years since July 201, when the Plaintiff had been able to exercise the above claim, and thus, the Plaintiff’s claim for construction price against the Defendant was extinguished by the completion of prescription.
The defendant's defense pointing this out is with merit, and thus, the plaintiff's claim cannot be accepted.
The plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.