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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Facts of recognition
The Plaintiff supplied goods equivalent to KRW 160,224,630 between May 2010 and June 2010 via C (hereinafter “instant promissory note”) and issued a tax invoice under the name of the Defendant, and received a promissory note worth KRW 50,000,000 at face value (hereinafter “instant promissory note”).
The Promissory Notes in this case is written as of February 23, 201, and the name of the defendant is written in the endorser’s column.
On October 11, 2010, after the date of the instant goods transaction, the Plaintiff created a right to collateral security (hereinafter “instant real estate”) with respect to the value of Non-Party F (G), the maximum debt amount of KRW 100,000,000 on October 11, 201, which was subsequent to the date of the instant goods transaction, the Daejeon Sung-gu E apartment No. 903 (hereinafter “instant auction”) owned by D. The Plaintiff received dividends of KRW 2,349,386 as the said right to collateral security (hereinafter “instant auction”).
In the instant auction procedure, the Plaintiff filed a report on rights and filed an application for distribution on August 16, 2012.
(2) As to the claim for payment of KRW 50,00,00 to the remainder of the goods price claim of this case or the commitment deposit of this case, the Defendant asserts that the instant goods price claim of this case and the instant promissory note claim of this case have expired by prescription. The Defendant asserted that there was no dispute over the instant goods price claim of this case, the instant goods price claim of this case, and the instant promissory note claim of this case were extinguished by prescription.
Judgment
Therefore, according to the above facts, barring any special circumstance, the claim for the payment of the goods of this case can be lawfully drawn up a certificate of non-payment of the Promissory Notes with the lapse of three years from June 2010, the final transaction date, unless there are special circumstances.