청구이의
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. Basic facts
A. On October 14, 2003, the Defendant filed a lawsuit against the Plaintiff for the claim for reimbursement under this Court No. 2003 Ghana41605.
The cause of the above lawsuit was to seek reimbursement from the Plaintiff on the ground that the Defendant subrogated for the principal and interest of the Defendant’s loan to Samsung Life Insurance Co., Ltd. (hereinafter “Masung Life Insurance”) on November 10, 1998 according to the credit guarantee agreement concluded with the Plaintiff on October 26, 1993.
B. On March 19, 2004, this Court rendered a judgment in favor of the Defendant to the effect that “the Plaintiff shall pay to the Defendant KRW 16,800,691 and damages for delay of KRW 16,788,360 among them” (hereinafter “the judgment of the first instance of this case”).
C. Accordingly, on March 5, 2012, the Plaintiff filed an appeal for subsequent completion with this Court 2012Na6163.
On October 10, 2012, the above appellate court rendered a judgment citing the Defendant’s claim to the effect that “the Plaintiff shall pay to the Defendant KRW 18,982,271 and delay damages for KRW 16,745,110 among them,” including the claim extended and reduced in the appellate court (hereinafter “instant appellate judgment”).
Accordingly, the Plaintiff appealed by Supreme Court Decision 2012Da99082.
However, the Supreme Court sentenced the dismissal of appeal on January 24, 2013 on the ground that the grounds of appeal alleged by the defendant do not fall under the grounds of Article 3 of the Trial of Small Claims Act.
E. On February 27, 2013, the Plaintiff filed a lawsuit for retrial under the jurisdiction of this Court 2013 Jaena85 by a judgment subject to review.
On October 29, 2014, this Court rendered a judgment dismissing the Plaintiff’s lawsuit for retrial (hereinafter “instant new judgment”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1 and Eul evidence 2 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The plaintiff's assertion is based on the following reasons.