1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The reasoning for the court’s explanation of this case is as follows, and the court’s determination of this case is identical to the judgment of the first instance except for the addition of the judgment of the defendant as to the defendant’s assertion. Thus, it is acceptable to accept it as it is in accordance with the main sentence

[Supplementary part] The defendant asserts that the claim for the amount of indemnity was extinguished by prescription since the plaintiff filed the lawsuit in this case without giving notice of the transfer of the claim for indemnity amount and the notice of transfer was given after the expiration of the prescription period of the claim for indemnity amount.

However, even if a claim cannot be asserted against the obligor on the ground of failure to satisfy the requisite for setting up against the obligor, if the transferee of the claim filed a judicial claim against the obligor, it shall be deemed as a judicial claim, which is the ground for interruption of the extinctive prescription (see, e.g., Supreme Court Decision 2005Da41818, Nov. 10, 2005). The fact that the judgment on the claim for the reimbursement of the instant amount became final and conclusive on December 27, 2005 is as seen earlier, and the fact that the Plaintiff applied for the payment order of this case on October 13, 2015, which is ten years after the lapse of ten years from the Plaintiff, is apparent in the record, and thus, it cannot be said that the interruption of the extinctive prescription has expired.

The defendant's above assertion is without merit.

2. The decision of the first instance court is justifiable, and the defendant's appeal is dismissed.