구상금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
Judgment of the first instance.
1. The reasons for the entry in this case are as follows: "The seller's side" of the third 5th of the judgment of the court of first instance shall be dismissed as "Lessor's side"; "On the other hand, the third 15th "the mutual aid business of the defendant has the nature of non-life insurance for others; the client who suffered property damage due to the intention or negligence of the broker's intention or negligence is entitled to the claim of mutual aid money against the defendant as a matter of course as the effect of the contract for others; the defendant is not entitled to the claim of mutual aid money against the defendant as a result of an overlapping acceptance of the broker's liability for compensation against the victim in accordance with the mutual aid agreement with the broker; and the plaintiff's assertion in the court of first 2nd of the judgment shall be cited as it is stated in the reasons for the judgment of the court of first , except for the addition of the judgment as mentioned below to the corresponding part.
2. On the premise that the provisions of the Civil Act on a guarantor with respect to the defendant's mutual-aid business should apply mutatis mutandis to the plaintiff, the plaintiff asserts that, on July 15, 2008, G filed a lawsuit for damages against B, a broker, and the interruption of prescription against B, a principal debtor, also affects the defendant, who is the guarantor, pursuant to Article 440 of the Civil Act. As such, G's claim for mutual-aid money against the defendant was suspended until June 10, 201, which became final and conclusive by the appellate judgment of the lawsuit in question, and the plaintiff filed the lawsuit in subrogation of G before the lapse of two years thereafter, the claim for mutual-aid money has not expired.
On the other hand, the defendant's mutual aid business is a system that guarantees the liability of the broker for damages to the parties to the transaction due to his/her illegal act or default, and so-called guarantee insurance is the so-called guarantee insurance.