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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 May 20, 1996, the Plaintiff (the Korea Guarantee Insurance Co., Ltd. prior to the change) concluded an installment sales guarantee insurance contract between the Defendant and the policyholder, the insured Hyundai Motor Ship Co., Ltd., the insurance amount of KRW 4,752,00, and the insurance period from May 14, 1996 to January 13, 197, for the guarantee of payment of installments.
B. Upon the Defendant’s delinquency in paying the installment, the insured company claimed for the payment of the insurance money to the Plaintiff, and on January 3, 1997, the Plaintiff paid KRW 4,59,438 as the insurance money to the said company.
C. The plaintiff filed a lawsuit against the defendant in Gwangju District Court 97 Ghana118534, and the above court rendered a judgment on December 2, 1997 that "the defendant shall pay to the plaintiff 4,652,363 won and 4,599,438 won with 18% interest rate per annum from February 3, 1997 to the date of complete payment" and the above judgment was finalized on January 22, 1998.
The plaintiff filed a lawsuit against the defendant for the interruption of the extinctive prescription of the claim for reimbursement pursuant to the above Gwangju District Court Decision 97Gau118534, which ruled on December 14, 2007 that "the defendant shall pay to the plaintiff 4,652,363 won and 4,59,438 won with interest of 18% per annum from February 3, 1997 to the date of full payment," and the above judgment became final and conclusive on January 24, 2008.
E. The Plaintiff filed the instant lawsuit against the Defendant on August 18, 2017 for the interruption of extinctive prescription of the claim for indemnity pursuant to the foregoing Gwangju District Court Decision 2007Gau193323.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's evidence 1 to 5, 8, 9, the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, the defendant did not have any special reason to the effect that the plaintiff is entitled to KRW 4,652,363 according to the above final judgment.