1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Determination as to the cause of claim

A. Fact 1) The Plaintiff is a company running wholesale and retail business of building materials. The Defendant is a person who operates a construction subcontractor company called C in the name of Defendant A. (2) The Plaintiff traded with the Defendant from August 27, 2009 to February 9, 2015. The Plaintiff traded goods to the Defendant, such as glass and roof, and the Plaintiff’s goods payment claim against the Defendant remaining until July 15, 201, is KRW 9,823,507.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is obligated to pay the above goods price liability of KRW 9,823,507 and delay damages to the plaintiff, except in extenuating circumstances.

2. Judgment on the defendant's assertion of extinctive prescription

A. As to the Defendant’s assertion, the Defendant asserts that the Plaintiff’s claim for the price of goods constitutes a claim subject to the application of the short-term extinctive prescription of three years. As long as the instant lawsuit was brought three years after July 15, 201, which is the date of settlement of accounts between the Plaintiff and the Defendant, the Plaintiff’s claim for the price of goods was already completed and extinguished.

B. According to the above facts of determination, the Plaintiff’s claim for the price of goods constitutes a claim on “the price of products and goods sold by producers and merchants” under Article 163 subparag. 6 of the Civil Act to which the short-term extinctive prescription of three years applies.

Meanwhile, as in the instant case, it cannot be deemed that the extinctive prescription is complete upon the lapse of three years from the time of occurrence of a claim for credit payment arising from a continuous goods supply contract, barring any special circumstance, from the date of termination of the transaction.

(see, e.g., Supreme Court Decision 91Da10152, Jan. 21, 1992). According to the above-mentioned facts and the legal principles as seen earlier, the Plaintiff’s claim for the payment of goods is at least three years after the date of settlement of accounts receivable between the Plaintiff and the Defendant.