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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1...
Reasons
1. The reasoning of the court's explanation concerning this case is as stated in the reasoning of the judgment of the court of first instance, except where the decision on the defendant's defense of extinctive prescription added in the court of first instance is added as stated in paragraph (2). Thus, it is citing this as it is in accordance with the main sentence of Article 420 of
2. Additional determination
A. The Defendant’s defense of extinctive prescription is the defense that the Plaintiff was aware of the occurrence of a mutual aid accident at the latest around November 28, 2012, but the Defendant filed the instant lawsuit on March 15, 2016, which was two years thereafter, and accordingly, the Plaintiff’s claim of mutual aid was extinguished by the extinctive prescription.
As to this, the plaintiff asserts that the claim for damages against the broker B has been interrupted due to the interruption of the prescription of the claim for mutual-aid against the defendant.
B. Determination 1) Since the Defendant’s mutual aid project is similar to the mutual aid insurance in its nature even though it is not an insurance business under the Insurance Business Act, Article 664 of the Commercial Act shall apply mutatis mutandis to the extinctive prescription period of a claim for mutual aid by a broker against a mutual aid business operator by applying mutatis mutandis the provisions of Article 664 of the Commercial Act (see, e.g., Supreme Court Decision 2001Da39602, Feb. 8, 2002). Meanwhile, the claim for mutual aid is specifically determined due to the occurrence of a mutual aid accident and is able to exercise its rights from the time of the occurrence, barring any special circumstance, the extinctive prescription period is proceeding from the time of the occurrence of a mutual aid accident under Article 166(1) of the Civil Act (see, e.g., Supreme Court Decision 2001Da39602, Feb. 8, 2002).