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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserts that the defendants are jointly and severally liable to pay the above ready-mixed price and damages for delay since they supplied ready-mixeds equivalent to KRW 87,526,305 to the defendants.
As to this, the defendants asserted that the plaintiff's claim in this case expired more than 10 years after the plaintiff's application for provisional seizure against the defendants was accepted as the right to be preserved.
2. It is not sufficient to acknowledge that the Plaintiff supplied ready-mixeds equivalent to KRW 87,526,305 to the Defendants solely on the basis of the written evidence No. 1, and there is no other evidence to prove otherwise.
Even if the Plaintiff’s above claim exists, comprehensively taking account of the overall purport of the pleading in the statement No. 1, the Plaintiff filed an application with the Defendants for provisional seizure of the claims against the Korea Housing and Commercial Bank Korea, the Defendant’s right to claim damages against the Defendants as the preserved right. On September 4, 2001, it can be acknowledged that the Plaintiff received the provisional seizure order under Suwon District Court Branch Branch Branch Branch Order 2001Kadan2051, and the Plaintiff filed the instant lawsuit on June 1, 2016, the record clearly reveals that the Plaintiff filed the instant lawsuit on June 1, 2016, and thus, the Plaintiff’s claim against the Defendants for the payment of goods had already expired prior to the instant lawsuit.
Therefore, the defendants' defense is justified.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is without merit.