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(영문) 수원지방법원안산지원 2016.08.18 2015가합24482
물품대금
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a person who runs wholesale and retail business, such as stein lease, steel, piping materials, pipes, etc. with the trade name of “B,” and the Defendant is a company that mainly engages in manufacturing and wholesale and retail business, such as bicycle storages, and completed the report of closure on September 30, 2013.

B. From December 2009, the Plaintiff processed and supplied raw materials necessary for the manufacture and installation of metal structures to the Defendant. Within 45 days after the end of each month, the Plaintiff agreed to receive the price for goods in cash and delivered various goods. The Plaintiff did not receive KRW 391,69,305 as the price for goods supplied by August 23, 2012.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1 to 5 (including each number in the case of additional number), and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the unpaid amount of KRW 391,69,305, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 27, 2016 to the date of full payment, as requested by the Plaintiff, following the delivery date of the copy of the complaint in this case, as the Plaintiff seeks.

B. On the one hand, the defendant's defense of extinctive prescription is proved to have already expired the plaintiff's claim for the price of goods.

As seen earlier, the Plaintiff engaged in wholesale and retail business, such as stephece, stephece, and steel, processed and supplied raw materials necessary for manufacturing and installing metal structures to the Defendant. Therefore, the extinctive prescription period is three years pursuant to Article 163 subparag. 6 of the Civil Act, which constitutes the price for the goods sold by the merchants. According to the facts acknowledged earlier, the payment period for the goods is at least three years prior to August 23, 2012, and the instant lawsuit was filed on December 23, 2015, which was three years after the said lawsuit was filed.

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