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(영문) 광주지방법원 2015.09.22 2015가단28239
구상금
Text

1. The defendant shall pay to the plaintiff 121,751,885 won and 43,966,253 won among them, from May 19, 2015 to the day of full payment.

Reasons

According to the evidence No. 1-1-6 and evidence No. 2-2 of the Plaintiff’s evidence No. 1-6 and the Plaintiff’s credit guarantee fund management organization for farmers and fishermen, the Defendant applied for an order to pay the amount of KRW 43,966,253 to the Plaintiff’s Young-gun Branch on May 30, 2003 by subrogation for the Defendant under the credit guarantee agreement concluded with the Defendant and concluded with the Defendant. The above court issued an order to pay the amount of KRW 58,23,282 from May 17, 2005 to KRW 43,96,256,253 from May 3, 2005 to KRW 15,70 to KRW 150 to KRW 46,56,786,253 from May 3, 2005 to the date immediately before the date immediately preceding the date of completion, the Defendant’s claim to pay the amount of KRW 150,581 to the Defendant as of KRW 1685,565.2585.25.

Thus, the plaintiff's lawsuit of this case filed against the defendant for the interruption of the extinctive prescription period of the claim for reimbursement against the above payment order shall be deemed to have interest in the lawsuit of this case. The defendant is obligated to pay to the plaintiff 121,751,885 won and 43,966,253 won with interest in the lawsuit of this case calculated at the rate of 12% per annum from May 19, 2015 to the date of full payment.

The Defendant asserted that the period of extinctive prescription has expired because the Plaintiff’s claim for indemnity was not exercised for five years as a result of commercial activities. Thus, the Plaintiff’s claim for indemnity is not a commercial claim, but a civil claim. Moreover, the Plaintiff’s claim for indemnity amount, for which the payment order became final and conclusive, filed the instant lawsuit on June 1, 2015, which was ten years before the date when the payment order became final and conclusive.

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