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.

1. This part of the judgment on the facts of recognition and the cause of claim is identical to the corresponding part of the reasoning of the judgment of the court of first instance (the determination on the facts of recognition of paragraph (1) and the cause of claim of paragraph (2). Therefore, it shall be cited in accordance with the main sentence of Article 420 of the

2. Judgment on the defendant's defense

A. The Defendant asserts that the Plaintiff’s claim for mutual aid money against the Defendant that the Plaintiff acquired from D is subject to the short-term extinctive prescription for two years, by analogy application of Articles 64 and 662 of the Commercial Act. The starting point of the extinctive prescription is November 25, 201, where B refused payment of the instant amount, and the Plaintiff’s claim for mutual aid money against the Defendant was made on January 29, 201, where two years have passed thereafter, and thus, the extinctive prescription has already expired prior to that.

Accordingly, the Plaintiff asserted that the Plaintiff’s claim for mutual aid money against the Plaintiff or D was not complete, insofar as the Plaintiff, who received the damage claim against B from D, filed a lawsuit against B against the Plaintiff, who was the mutual aid holder, for the claim for the payment of the acquisition amount, Seoul Central District Court 2012Da5075614, which became final and conclusive on January 5, 2014, and the judgment became final and conclusive. As such, the Plaintiff or D’s claim for mutual aid money against the Defendant was filed on April 15, 2014, before the lapse of two years thereafter.

B. However, even if a mutual aid program operated by the Defendant is not an insurance business under the Insurance Business Act, a certified judicial scrivener guarantees liability for damages to a transaction party due to his tort or nonperformance. Thus, the provision on short-term extinctive prescription under Article 62 of the former Commercial Act (amended by Act No. 12397, Mar. 11, 2014; hereinafter the same) shall apply by analogy by applying Article 664 of the former Commercial Act to the extinctive prescription of a claim for mutual aid amount against the Defendant, who is a mutual aid business operator.