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(영문) 서울중앙지방법원 2018.07.20 2017나69399

구상금

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. The Plaintiff asserted against the Defendant that “The Plaintiff paid KRW 5,958,359 to the insured on February 28, 1992” was the Seoul Central District Court Decision 2007Gada154579, that “The Defendant paid KRW 4,131,776 to the Plaintiff,” and the said judgment was finalized on August 23, 2007 as it became final and conclusive on August 23, 2007.

B. On February 6, 2017, the Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the claim established by the instant prior judgment.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 5 evidence (including paper numbers), the purport of the whole pleadings

2. According to the above facts on the grounds of claim, the Defendant is obligated to pay the Plaintiff KRW 4,131,776, which was ordered to pay in the judgment prior to the instant lawsuit, and since the expiration of the extinctive prescription of the claim for indemnity of the instant case finalized by the judgment prior to the instant lawsuit at the time of the filing of the instant lawsuit, there is a benefit in protecting the rights of the Plaintiff to file the instant lawsuit

3. Judgment on the defendant's assertion

A. The defendant asserts that the defendant purchased and operated a private taxi vehicle as a discount, and disposed of it to a third party by introducing it to the High Vehicle Sales Center located in B, and that at this time, the above broker was liable for the unpaid installments, and that the above broker resolved the entire installments from the above broker.

B. There is no evidence to acknowledge that the broker paid all the installment payments on behalf of the Defendant, as alleged by the Defendant, as alleged by the Defendant.

C. Also, res judicata of a final and conclusive judgment is a subject matter of lawsuit.