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1. The plaintiff's lawsuit against the defendant A corporation is dismissed.
2. The Plaintiff:
(a) Defendant B shall be KRW 45,300,000 and this shall apply.
Reasons
1. Facts of recognition;
A. On February 3, 198, Defendant A Co., Ltd. (hereinafter “Defendant A Co., Ltd”) obtained a loan of USD 70,772 from Korea Exchange Bank on the terms and conditions of exchange transaction (D.A. purchase) from Korea Exchange Bank on February 3, 198 under the joint and several guarantee of Defendant B, E, and network D, with the maturity of payment of USD 70,772 as of April 30, 198. After that, only interest shall be paid up to April 30, 198 to Korea Exchange Bank until April 30, 198, and the remainder interest and principal shall not be paid, and there was no payment of USD 11,094 for delay damages from May 1, 198 to February 21, 198.
In addition, although the defendant company used Korean won loan from the Korea Exchange Bank, it did not pay a total of KRW 245,844,950 out of the loan principal.
B. On May 6, 1994, the Korea Exchange Bank filed a lawsuit against the defendant company and joint and several sureties, and rendered a favorable judgment, and the above judgment became final and conclusive around that time.
Since then, the Korea Exchange Bank received dividends of KRW 2,916,695 on real estate owned by E in the F compulsory auction case of real estate, and partly appropriated for KRW 28,60,000 on November 21, 1987, the principal of the Korean won loan as of KRW 28,60,00. However, the Defendant Company, etc. failed to receive USD 11,094,094, which is the remainder of the principal of the Korean won loan from the Defendant Company, in total, KRW 332,721,148 (i.e., the balance of the principal of the original currency loan, KRW 242,928,255, and KRW 89,792,893) and delay damages and delay damages thereon, and delay damages.
C. On July 24, 2002, Korea Exchange Bank transferred claims to the Defendant Company and notified the Defendant Company, etc. of the assignment of claims. D. on April 25, 2003.
On September 7, 2004, the Seoul Central District Court 2004da130535 filed a lawsuit against Defendant Company, Defendant B, E, and network D seeking the return of the transfer amount, and on September 7, 2004, “the Defendants jointly and severally agreed with the Plaintiff.”