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1. Revocation of a judgment of the first instance;
2. The defendant shall pay to the plaintiff KRW 16,197,449 and its amount from August 29, 2003.
Reasons
1. According to the purport of Gap's evidence No. 1 and the whole pleadings as to the cause of the claim, the plaintiff applied for a payment order against the defendant on June 12, 2003 with Busan District Court 2003 tea5299, and the above court issued a payment order with the purport that "the defendant shall pay to the plaintiff 16,197,449 won and damages for delay calculated at the rate of 5% per annum from May 13, 2000 to the day of full payment" (hereinafter "the above payment order of this case"). It is acknowledged that the above payment order of this case was delivered to the defendant on August 28, 2003 and confirmed on September 14, 2003.
According to the above facts, the defendant is obligated to pay the amount of 16,197,449 won for indemnity and delay damages to the plaintiff, except in extenuating circumstances.
2. Judgment on the defendant's defense
A. The defendant asserts that since the plaintiff filed the lawsuit of this case on July 11, 2014, which was ten years after the time when the payment order of this case became final and conclusive, the plaintiff's claim for indemnity was extinguished by prescription.
B. However, according to the overall purport of evidence Nos. 2 and 3-1 and 4, the Plaintiff’s claim for reimbursement against the Defendant was recognized as having been executed on March 20, 2012, before the expiration of the extinctive prescription of the claim for reimbursement against the Defendant, by accepting a seizure and collection order issued by the Busan District Court Branch Branch of the Busan District Court under Article 2012TT2363, which was before the expiration of the extinctive prescription of the claim for reimbursement against the Defendant, and thus, the Plaintiff’s claim for reimbursement against the Defendant
Therefore, the defendant's defense is without merit.
3. In conclusion, the defendant is obligated to pay to the plaintiff the amount of 16,197,449 won for indemnity and damages for delay calculated at the rate of 5% per annum from August 29, 2003 to the date of full payment, as the plaintiff seeks, so the plaintiff's claim of this case in this case shall be accepted with reasonable grounds. The judgment of the court of first instance is unfair with different conclusions, so the plaintiff's appeal of this case shall be accepted and the court of first instance shall be accepted.