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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the statement No. 1-1 and No. 2 as to the cause of the claim, it is recognized that the Plaintiff, who runs the food materials business in the trade name of “C” until May 21, 2003, supplied food materials to the Defendant who was engaged in the food business in the trade name of “D”, and that the Plaintiff’s price for the food materials that was not paid by the Defendant in the above trade (hereinafter “the price for the instant goods”) reaches KRW 4.3 million, barring any special circumstance, the Defendant is liable to pay to the Plaintiff the price for the instant goods and delay damages.
2. Judgment on the defendant's defense, etc.
A. The defendant alleged that he paid the full amount of the goods price obligation in cash when he discontinues his restaurant business, but there is no evidence to acknowledge this, and the above defense is without merit.
B. 1) The Defendant asserts that the short-term extinctive prescription period of this case has expired once again. According to the above facts, the claim for the payment of the goods of this case is subject to the short-term extinction prescription of three years as stipulated in Article 163 subparag. 6 of the Civil Act as consideration for the goods sold by the Plaintiff, a merchant operating food materials business,. However, it is apparent in the record that the application for the payment order of this case was filed on Nov. 14, 2014, after three years from May 21, 2003 from the date when the transaction of the Plaintiff and the Defendant was terminated, since the claim for the payment of the goods of this case had already expired before the application for the payment order of this case, the Defendant’s defense of extinctive prescription has merit since the claim for the payment of the goods of this case had already been terminated before the application for the payment order of this case.