구상금
1. The Defendant shall pay to the Plaintiff the annual amount of KRW 122,837,966 and KRW 54,827,839 from November 17, 2016 to the date of full payment.
According to each description of Gap evidence 1 through 4 (including each number), the facts of the reasons for the claim in attached Form can be recognized.
According to the above facts, the defendant is obligated to pay to the plaintiff 122,837,96 won, which is the sum of the principal of subrogation and the amount of damages, guarantee fees, penalty, and administrative fines until November 16, 2016, and damages for delay calculated at the rate of 12% per annum from November 17, 2016 to the date of full payment.
As to this, the Defendant asserted that the extinctive prescription of the claim for indemnity against the Plaintiff was completed ten years after the due date. However, since the Plaintiff applied for the instant payment order on December 15, 2016, before the expiration of the extinctive prescription period from November 14, 2007, which was the date of subrogation for the said claim for indemnity, the Defendant’s defense is without merit.
Therefore, the plaintiff's claim is justified and accepted.