양수금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. It is as shown in the annexed sheet of basic facts;
2. Determination
A. According to the above facts, as a joint and several surety of the non-party B corporation, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 70,000,000 and damages for delay.
B. As to the Defendant’s assertion, since the Defendant did not have filed a lawsuit regarding the instant loan claim after the Seoul Central District Court 2001Da252946, the Defendant asserted to the effect that the instant loan claim was extinguished due to the expiration of the extinctive prescription period, the Defendant was sentenced to a favorable judgment by filing a lawsuit against the Plaintiff and the Defendant, etc. under the court 2001Gadan252946. The said judgment becomes final and conclusive around that time. The instant lawsuit was filed on September 23, 2015, which was ten years after the expiration of the extinctive prescription period, and the instant loan claim was extinguished due to the expiration of the extinctive prescription period. Therefore, the Defendant’s aforementioned defense is well-grounded.
3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.