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1. Of the judgment of the court of first instance, the part against the plaintiff ordering payment shall be revoked.
The defendant shall make the plaintiff 15,374.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence 1, 2-3, 3, and 4-3 through 5-5 of the evidence Nos. 1, as to the cause of the claim, the defendant and the Seoul Guarantee Insurance Co., Ltd. (hereinafter "Seoul Guarantee Insurance Co., Ltd.") concluded a guarantee insurance contract with a period of five million won loan contract between the defendant and the Korea Life Insurance Co., Ltd. on September 10, 2002 to August 23, 2003; ② the Seoul Guarantee Insurance Co., Ltd. paid KRW 5,39,859 to the Korea Life Insurance Co., Ltd. on December 30, 203 to acquire claims for indemnity against the defendant; ③ the Seoul Guarantee Insurance Co., Ltd. transferred the claim for indemnity on June 28, 2013 to the plaintiff on August 17, 2014.
According to the above facts of recognition, the defendant is obligated to pay to the plaintiff the sum total of KRW 15,374,350, and delay damages for the principal amount of KRW 5,39,859, except in extenuating circumstances.
2. The Defendant asserted that the Defendant’s claim for reimbursement against the Defendant of the Seoul Guarantee Insurance accrued on December 30, 2003, and the Plaintiff filed the instant lawsuit on July 16, 2014 after the lapse of 10 years from that date, and that the Plaintiff’s claim of this case expired.
However, according to the statement No. 11-1 and No. 2 of the evidence No. 11-2, the Seoul Guarantee Insurance Co., Ltd. filed a lawsuit against the Defendant for the payment of the claim of this case by the Ulsan District Court 2004Gaso25812 on March 5, 2004 and the judgment in favor of the Plaintiff became final and conclusive on September 23, 2004. The fact that the lawsuit of this case was filed on July 16, 2014, which was before the ten-year elapse from this point, is obvious in the record, and therefore, the defendant's defense is without merit.
3. If so, the Defendant concludes that the Plaintiff is liable to pay the principal to the Plaintiff KRW 15,374,350 and KRW 5,399,859, which is the day following the base date for calculating the principal and interest.