구상금
1. The defendant shall pay to the plaintiff KRW 163,056,792 and KRW 45,664,00 among the costs, from July 29, 2019 to the day of full payment.
The cause of the claim of this case is as shown in the attached Form, and it can be recognized in full view of the facts not disputed and Gap 1, 2, and the whole purport of the pleading.
With respect to the plaintiff's claiming the payment of subrogated amount and interest for delay, the defendant asserted that the plaintiff made a subrogation on July 27, 2001, and thus the plaintiff's claim of this case has expired the ten-year extinctive prescription.
However, according to Gap evidence No. 3, the plaintiff filed a lawsuit concerning the claim of this case with Suwon District Court 2009Kadan27373, and was sentenced to a favorable judgment on August 25, 2009. This is recognized as a fact established on September 12, 2009, and thus, the statute of limitations has been interrupted.
Since the Plaintiff applied for the instant payment order again on July 31, 2009, before ten years have passed since the above judgment became final and conclusive, the Defendant’s defense of extinctive prescription cannot be accepted.
Thus, the defendant is obligated to pay to the plaintiff 163,056,792 won and 45,664,009 won with 12% interest per annum from July 29, 2019 to the date of full payment.
Therefore, the plaintiff's claim is accepted on the ground of the reasons.