보증채무금
1. The Defendants are jointly and severally with the Plaintiff as to KRW 1,80,847,233 and KRW 765,049,095, among them, from October 28, 2015.
1. In full view of the purport of the entire pleadings as to the evidence No. 1 to 18 as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff the money stated in the Disposition No. 1.
2. Judgment on the defendants' assertion
A. The Defendants asserted that ① the bankrupt A Co., Ltd. (hereinafter “Bankruptcy Bank”) provided illegal loans to the primary debtor E, and, at the time, the Defendants, who were unable to become a guarantor as the bad credit holder at the time, signed and sealed the documents and did not set in writing the highest amount of overdue interest and the guarantor’s debt in advance. ② The instant claim in this case expired five years after the lapse of the commercial statute of limitations, when counting from April 30, 2009 or from January 7, 2010, which is the date of the commencement of the guaranteed obligation.
B. 1) The above evidence first of all, in particular, the statement of Gap evidence No. 7-10 merely stated in the evidence related to the defendants' illegal loan, it is difficult to recognize that the bankrupt bank committed an illegal loan to Eul, and deceiving the defendants to submit the documents of joint and several sureties in the document form, and there is no other evidence to prove otherwise. 2) The defendants' assertion on the completion of the extinctive prescription as to the loan obligation of this case was made from the time when the objective right arises and the right can be exercised. The rights against the defendants, which are the joint and several liability of the bankrupt bank, run from the time when the maturity period for the principal obligation arrives.
However, the special contract for the loss of the benefit of time naturally becomes due because the benefit of time is lost without the need of the obligee's claim if a certain cause occurs according to the contents.