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(영문) 대구지방법원 2015.12.24 2015나13520
대위변제금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. If the purport of the entire argument is added to the statement in Gap evidence No. 1 as to the cause of the claim, the defendant extended KRW 10,000,000 to the agricultural cooperative on October 6, 200, instead of the plaintiff's joint and several liability under the plaintiff's joint and several liability, and the plaintiff subrogated to the defendant's above principal and several liability of KRW 10,77,808 to the agricultural cooperative, not later than June 14, 2004.

Therefore, the Defendant is obligated to pay the Plaintiff the indemnity amount of KRW 10,777,808 and the delay damages, except in extenuating circumstances.

2. The defendant's defense is proved to have expired by the statute of limitations. Thus, according to the above facts, the plaintiff can claim at any time a claim for the indemnity amount with no deadline for the performance of obligation. Thus, the starting point of the statute of limitations is June 14, 2004, which is the time when the above indemnity amount claim was created. The plaintiff's application for the payment order of this case is clearly recorded on the record that was filed on February 5, 2015, which was 10 years after the expiration of the ten-year period from the application for the payment order of this case. Thus, the above claim for indemnity was already extinguished by the statute of limitations

Therefore, the defendant's defense is justified.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit, and the judgment of the court of first instance is unfair, and it is so revoked and the plaintiff's claim is dismissed. It is so decided as per Disposition.

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