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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On August 23, 1997, the Plaintiff subrogated the Defendant’s loan obligation amounting to KRW 7,543,311 [the principal amounting to KRW 3,65,835 on December 14, 1991 [the principal amounting to KRW 2,250,415,835 [the principal amounting to KRW 2,250,00) interest amounting to KRW 1,415,835] on September 24, 1993 [the principal amounting to KRW 3,877,476 [the principal amounting to KRW 3,00,000 interest amounting to KRW 87,476]; and
B. On February 22, 1999, the Plaintiff subrogated 5,100,000 won for the principal of the loans owed by the Defendant and C, the Defendant’s wife.
C. From March 23, 1999 to September 6, 1999, the Plaintiff received a total of KRW 1,200,000 from the Defendant.
[Ground of recognition] Facts without dispute, Gap's entries in Gap's 1 through 3, 6 through 8, 10 through 14, and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to pay the plaintiff the amount of 5,250,000 won (=2,250,000 won) equivalent to the loan principal out of the amount of subrogated payment as of August 23, 1997 as requested by the plaintiff (=2,250,000 won) and the amount of 5% per annum from August 24, 1997 to April 2, 2015, which is the delivery date of the copy of the complaint of this case, under the Civil Act, from August 24, 1997 to April 2, 2015, which is the delivery date of the copy of the complaint of this case, to pay damages for delay calculated at the rate of 15% per annum from the next day to the day of full payment. The defendant is obligated to pay the above amount of 5,100,000 won on behalf of the plaintiff and damages for delay from the date of subrogation to 25% per annum.
B. The defendant's defense of extinctive prescription is proved to have expired by the statute of limitations of the claim for indemnity based on the plaintiff's subrogation.
The facts of the Plaintiff’s subrogation on August 23, 1997 and February 22, 199 are as seen earlier. The Plaintiff’s lawsuit in this case was filed on January 5, 2015 after the lapse of 10 years from the lawsuit.