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...
Comprehensively taking account of the purport of the argument in Gap evidence No. 1, the plaintiff (the defendant corporation at the time of mutual guarantee insurance) entered into a payment guarantee insurance contract with the insured worker Yong-Nam Nam corporation on July 2, 1990 with the defendant et al., and the defendant et al. jointly and severally guaranteed the liability for indemnity under the above contract. On August 7, 2003, the plaintiff filed a lawsuit against the defendant et al. for claiming indemnity amount (Seoul District Court Decision 2003Da289133) and filed a lawsuit against the defendant et al. for the claim for indemnity amount (Seoul District Court Decision 2003Da20033) on December 30, 2003, "the defendant shall be jointly and severally and severally liable to the plaintiff 29,965,000 won and its amount from the following day to April 28, 191 until 30% of the total annual amount of indemnity amount, and it is evident that the plaintiff paid 30% of the total annual amount from the following day to 193% of the plaintiff's.
According to the above facts of recognition, the defendant is jointly and severally liable with the co-defendant B of the first instance trial to pay the plaintiff the same money as the above final judgment.
On March 26, 1996, after five years from March 27, 1991 when the plaintiff paid insurance money, the defendant raised a defense that the plaintiff's claim against the defendant was extinguished by prescription. However, according to the evidence Nos. 6 and 7, the plaintiff had already filed a lawsuit against the defendant, etc. (Seoul Resident's District Court 93Ga148639) due to the same purport of the claim and the cause of the claim as the above claim. On November 9, 1993, the defendant entered into a protocol of recognition and recognition (Evidence No. 6) by recognizing the plaintiff's claim on the date of pleading of the above case, and on May 3, 1994 only with respect to the other parties to the lawsuit, the decision is rendered on May 3, 1994.