청구이의
1. The judgment of the court of first instance is modified as follows.
Of the instant lawsuit, the Defendant’s assertion against the Plaintiff.
1. Basic facts
A. On July 11, 1994, the insurance contract, joint and several surety B, and C concluded a performance guarantee insurance contract with the Defendant (former: Korean Guarantee Insurance Co., Ltd.) as the insured by having Hyundai Marine Fire Insurance Co., Ltd. as indicated below.
After that, according to each insurance accident stipulated in each performance guarantee insurance contract, the defendant paid insurance money to the insured as specified in the following table.
Securities No. 1 E B 16,50,000 KRW 16,50,000 for the insurance money paid for the payment of insurance money, 2 F B 16,50,542 won on May 21, 1997 20 KRW 16,50,000 for G C 11,00,000 won on May 30, 1997 3 G C 16,435,665 won on September 10, 1995 4 H C 11,00,000 won on September 6, 1995 4 H C 10,848,600,000 won on August 29, 195.
B. On March 26, 2002, the defendant filed a lawsuit against the plaintiff on March 26, 2002 against Suwon District Court 2002Kadan25378, and the above court rendered a final judgment on July 3, 2003 that "the plaintiff shall jointly and severally pay to the defendant with the defendant the amount of 16,435,65 won and the amount of 19% per annum from August 23, 1999 to the date of full payment, and the amount of 24,463,268 won and the amount of 16,43,542 won which shall be calculated at the rate of 19% per annum from August 23, 199 to the date of full payment." < Amended by Act No. 5993, Aug. 23, 199; Act No. 6078, Aug. 23, 200>
On the other hand, on September 4, 2015, the Plaintiff filed a subsequent appeal with the Suwon District Court 2015Na32902 against the said judgment, and the said court rendered a judgment dismissing the Plaintiff’s subsequent appeal on May 27, 2016.
Supreme Court Decision 2016Da31244 Decided September 30, 2016, which filed by the plaintiff against this, was dismissed.
B. The Defendant filed a lawsuit for the interruption of extinctive prescription against the Plaintiff in order to interrupt the extinctive prescription of the claim for reimbursement pursuant to the above Suwon District Court Decision 2002Gadan25378, the Seoul Central District Court 2013da52712.