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(영문) 수원지방법원 2015.07.10 2014나47570
구상금
Text

1. Revocation of a judgment of the first instance;

2. The defendant shall pay to the plaintiff KRW 30,839,962 and its amount from April 24, 2003.

Reasons

Comprehensively taking account of the purport of each statement in Gap evidence Nos. 1 through 4, the plaintiff paid a loan of KRW 20 million to the defendant to South Korean Agricultural Cooperative around December 1999 and acquired a claim for indemnity equivalent to the same amount of money by subrogation of the defendant around December 199. The plaintiff received a partial repayment from the defendant and subsequently received a payment of the amount of 18,989,452 won, and other damages incurred. The plaintiff filed a lawsuit against the defendant for reimbursement of the above amount of indemnity, etc. with the Suwon District Court (2004Gadan37078). The above court rendered a judgment on August 20, 2004 that "the defendant shall pay the plaintiff the amount of 30,839,962 won and its amount calculated at the rate of KRW 18% per annum from April 24, 2003 to the date of full payment." The above judgment ruled that the defendant shall not be obligated to pay the amount of indemnity from September 28, 2004 to the date of full payment.

As to this, the defendant's defense that the above claim for reimbursement was extinguished by prescription, the above judgment became final and conclusive on September 18, 2004, as seen earlier, and the fact that the plaintiff applied for the payment order of this case on June 3, 2014, which was ten years before the expiration of the extinctive prescription period of the claim under the final and conclusive judgment, is apparent in the record. Thus, the defendant's above assertion is without merit.

Therefore, the plaintiff's claim of this case is accepted on the grounds of its reasoning, and the judgment of the court of first instance is unfair on the grounds of its conclusion, and it is so decided as per Disposition by cancelling this and ordering the payment of the above amount.

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