구상금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. There is no dispute between the parties concerned that the Plaintiff, who caused the claim for indemnity, on April 30, 2004, subrogated for 38,792,353 won to the Defendant’s debt against Jinju ham, etc. Co., Ltd.
Therefore, the defendant is obligated to pay to the plaintiff the indemnity amount of KRW 38,792,353 and damages for delay.
2. The defendant's defense that the plaintiff's claim for indemnity has expired due to the expiration of the extinctive prescription.
The plaintiff's claim for indemnity is ten (10) years from April 30, 2004, which is the date of subrogation of the plaintiff, and the fact that the lawsuit of this case was filed on September 30, 2015, which is after the expiration of the period is clear.
Therefore, the statute of limitations for the Plaintiff’s claim has expired.
As to this, the Plaintiff promised from 2005 to 2008 that the Defendant paid money to the Plaintiff on the first day of August each year, and that he would pay the money later on January 2015. Thus, the Defendant’s acceptance of the Defendant’s debt to the effect that the statute of limitations for the Plaintiff’s claim for the reimbursement was interrupted.
However, the testimony of Gap 4-1, 2, and witness C alone is insufficient to recognize the fact that the defendant's debt approval is granted, and there is no other evidence to acknowledge it.
Therefore, we cannot accept the plaintiff's second defense.
3. The plaintiff's claim of this case is dismissed on the ground that it is without merit.