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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
[Claim]
Reasons
1. Basic facts
A. On August 3, 1995, the Defendant concluded a guarantee insurance contract between the Plaintiff and the non-party company, the insurance amount of 12,650,000 won, and the insurance period from July 30, 1995 to July 29, 198, under which the Defendant provided the non-party company with the guarantee insurance policy issued by the Plaintiff and purchased one of the above automobiles from the non-party company, and the B jointly and severally guaranteed the obligation under the above guarantee insurance contract.
B. However, on January 3, 1996, the Defendant delayed the payment of installments, and the Nonparty Company claimed insurance money under the instant contract to the Plaintiff, and on January 3, 1996, the Plaintiff subrogated KRW 11,91,367 to the Nonparty Company as insurance money.
C. The plaintiff filed a lawsuit against the defendant and Eul as Busan District Court 96Gadan92827, and on April 24, 1997, the above court rendered a favorable judgment against the plaintiff that "the defendant and Eul jointly pay 1,498,173 won to the plaintiff and 11,41,367 won per annum from January 23, 1996 to February 2, 1996, 14% per annum from the next day to the date of full payment, and 18% per annum per annum from the next day to the date of full payment." The above judgment was finalized on May 23, 1997.
The plaintiff filed a lawsuit against the defendant with Busan District Court 2007Ga Office 17574 in order to suspend extinctive prescription of the claim established by the above judgment. On January 19, 2007, the above court rendered a decision of performance recommendation that "the defendant shall pay to the plaintiff 30,126,445 won and 10,818,843 won, which shall be at the rate of 18% per annum from June 15, 2005 to the date of full payment." On January 23, 2007, the above decision of performance recommendation became final and conclusive on February 7, 2007.
(hereinafter referred to as “instant claim” and “the instant decision of execution recommendation” are as follows.
The plaintiff is the Busan District Court against the defendant's child C.