구상금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts are acknowledged as either a dispute between the parties or in full view of the purport of the entire pleadings in the entries in Gap evidence Nos. 1 and 4.
A. On November 25, 1994, the Plaintiff paid KRW 4,769,835 to Hyundai Motor Service Co., Ltd., the insured, in accordance with the automobile installment sales guarantee insurance contract concluded with the Defendant.
B. The judgment was rendered on August 22, 2005 that “The Defendant shall pay KRW 2,860,720 to the Plaintiff,” which was brought by the Plaintiff against the Defendant for the performance of the guaranteed obligation under the above paragraph (a) of this Article, and became final and conclusive around that time.”
2. According to the facts stated in paragraph 1, the defendant is obligated to pay KRW 2,860,720 to the plaintiff, except in extenuating circumstances.
3.(a)
In this regard, the defendant argues that since the defendant paid all of the installment payments from 1995 to 1996, the plaintiff did not have any possibility of paying insurance proceeds to Hyundai Motor Service Co., Ltd.
However, in addition to the absence of evidence to prove the above alleged facts, as seen in paragraph (1), insofar as the judgment between the plaintiff and the defendant became final and conclusive, and the plaintiff brought the lawsuit in this case for the interruption of prescription of claims pursuant to the above judgment, the defendant cannot set up against the plaintiff for the same reason as the above argument (see, e.g., Supreme Court Decision 2010Da61557, Oct. 28, 2010), the aforementioned defense
B. The defendant has a defense that the above claim of the plaintiff was extinguished by the statute of limitations, but it is obvious on April 7, 2015 that the lawsuit of this case was filed on April 7, 2015, for which 10 years have not passed since the judgment of Paragraph 1-B became final and conclusive. Therefore, the above defense
4. If so, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.