구상금
The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
1. Facts of recognition;
A. The Korea Guarantee Insurance Co., Ltd. (hereinafter “Plaintiff”) filed a lawsuit against the Defendant against the Seoul District Court 97 Ghana3562, which the Plaintiff paid to the Asian Automobile Co., Ltd. (hereinafter “Amateur”) in accordance with the guarantee insurance contract, and sentenced on May 16, 1997, that “the Defendant shall pay to the Plaintiff 2,472,947 won and 2,150,697 won with 18 percent interest rate per annum from October 23, 1995 to the date of full payment.”
The above judgment became final and conclusive around that time.
B. On January 18, 2007, the Plaintiff filed a lawsuit against the Defendant for the claim of indemnity amount under the Seoul Central District Court Decision 2007Gaso1068850 (hereinafter “instant lawsuit”), and was sentenced to the same judgment from the above court on April 13, 2007 (hereinafter “instant prior judgment”).
The above judgment became final and conclusive around that time.
C. On October 24, 2016, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the claim for indemnity finalized by the judgment prior to the instant case.
[Ground of recognition] Facts without dispute, significant facts in this court, entry of Gap evidence 2 through 6, purport of whole pleadings
2. According to the above facts finding as to the cause of the claim, the defendant is obligated to pay to the plaintiff 2,472,947 won under the preceding judgment of this case and damages for delay calculated at the rate of 18% per annum from October 23, 1995 to the date of full payment.
As the Plaintiff filed the instant lawsuit for the extension of extinctive prescription of a claim established by the preceding judgment, there exists a benefit of protecting rights as a lawsuit for the interruption of extinctive prescription.
3. Judgment on the defendant's assertion
A. The defendant.