대여금등
1. The defendant shall pay 65,000,000 won jointly and severally with Company B.
2. The costs of the lawsuit are assessed against the defendant.
3...
1. According to the evidence Nos. 1 through 5 of the judgment as to the cause of the claim, the Plaintiff loaned KRW 50 million to B Co., Ltd. (hereinafter “Nonindicted Company”) on April 6, 2004 on the basis that the term of credit expires in accordance with the credit transaction basic terms and conditions. At the time, the Defendant jointly and severally guaranteed the Defendant’s obligation to pay the Plaintiff the principal and interest of the Plaintiff up to KRW 65 million. ② The obligation to pay the principal and interest of the Plaintiff was KRW 45,418,595 as of April 28, 2016; ② the obligation to pay the principal and interest of the Plaintiff was KRW 89,382,281 as of April 28, 2016.
Therefore, the defendant is jointly and severally liable to pay 65 million won, which is the maximum amount of joint and several liability, to the plaintiff.
2. Judgment on the defendant's defense of extinctive prescription
A. The Defendant asserted that the above guaranteed liability expired from October 14, 2008 when the decision to discontinue the individual rehabilitation procedure against the Defendant, which was rendered against the Defendant, five years after the lapse of the commercial prescription period, and thus, the Defendant cannot accept the Plaintiff’s claim.
In this regard, the Plaintiff asserted that, inasmuch as the Defendant entered the above claims in the table of individual rehabilitation creditors in the Jung-gu Government District Court 2006Da17725 decided Oct. 31, 2006, the same effect as the final and conclusive judgment has the same effect as that of the final and conclusive judgment, and that the statute of limitations has ceased after filing the instant lawsuit within ten years thereafter
B. Comprehensively taking account of the overall purport of the arguments in evidence Gap evidence Nos. 6 and 7: ① The defendant filed an application for commencing individual rehabilitation procedures on September 14, 2006 and rendered a decision to authorize the commencement of individual rehabilitation procedures on November 24, 2006 and the repayment plan on March 27, 2007, each of which was confirmed on October 29, 2008; ② The plaintiff's claim against the defendant against the list of individual rehabilitation creditors on October 31, 2006, including "the principal amount of 50,481,590 won, and delay damages thereof," etc.
The interruption of prescription shall be effective in the submission of a list of individual rehabilitation creditors.