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Reasons
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(영문) 서울중앙지방법원 2019.05.17 2018가단65171
구상금 청구의 소
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1. The defendant's KRW 36,650,00 for the plaintiff and 5% per annum from February 26, 1997 to July 8, 1997.

Reasons

1. Facts of recognition;

A. The Plaintiff is a mutual aid business entity that has entered into a mutual aid agreement with respect to Dsi (hereinafter “Plaintiff-vehicle”).

B. On April 7, 1996, the Defendant driven a vehicle E (hereinafter “Defendant vehicle”) at around 01:55 on April 7, 1996, and driven by Nonparty G, who driven the opposite lane due to the negligence of breaking the center line, driving the vehicle in Seongdong-gu, Songpa-gu, Seoul, with the first lane of the 4rd line of the 0rd line of the 5rd line of the 5rd line of the 5rd line of the 0nd line of Seongdong-gu, Seoul. Accordingly, Nonparty H and Nonparty I suffered from the injury.

C. Regarding the instant accident, the Plaintiff paid KRW 36,650,000 to the victims as damages.

Since then, the plaintiff filed a lawsuit against the defendant as Seoul Central District Court 97Kadan281718, and the above court rendered a judgment on September 2, 1998 that "the defendant shall pay to the plaintiff the amount equivalent to 36,650,000 won per annum from February 26, 1997 to July 8, 1997, and the amount equivalent to 5% per annum from the next day to the date of full payment." The above judgment became final and conclusive as it is.

E. In order to interrupt the extinctive prescription of a claim based on the above final judgment, the Plaintiff filed a lawsuit against the Defendant again with the Seoul Central District Court 2008Kadan301908. On November 28, 2008, the above court rendered a judgment that “The Defendant shall pay to the Plaintiff 36,650,000 won with 5% per annum from February 26, 1997 to July 8, 1997; 25% per annum from the next day to May 31, 2003; and 20% per annum from the next day to the day of full payment.” The above judgment became final and conclusive as is.

(f) On November 21, 2018, the Plaintiff again filed against the Defendant for the interruption of extinctive prescription of a claim based on the instant final judgment.

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