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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 28, 2012, the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) asserted by the Plaintiff (hereinafter “Korea Exchange Bank”) loaned KRW 90,000,000 to Defendant A, and the Defendant B Co., Ltd. (hereinafter “B”) jointly and severally guaranteed the Defendant A’s obligation to pay the above loans.
The foreign exchange bank transferred the above loan claim to the Plaintiff, and notified Defendant A of the assignment of the above claim.
As of May 7, 2015, the principal of the loan is KRW 89,901,102, and interest for delay is KRW 86,149,589. Thus, the Defendants jointly and severally pay to the Plaintiff damages for delay calculated at the rate of 17% per annum from May 8, 2015 to the date of full payment.
2. Determination
A. The evidence No. 1-1 (Agreement on Credit Transactions) submitted by the Plaintiff to Defendant A as the underlying document for the above loan claim is insufficient to acknowledge the authenticity only by the statement of the evidence No. 8, and it cannot be admitted as evidence as there is no other evidence to acknowledge the authenticity, and there is no other evidence to acknowledge the existence of the above loan claim.
Therefore, the plaintiff's claim against the defendant A cannot be accepted.
B. As seen earlier, Defendant A’s principal obligation, as seen earlier, is not recognized as the existence of Defendant A’s principal obligation, and thus, the foregoing principal obligation cannot be established.
Therefore, the plaintiff's claim against the defendant B cannot be accepted.
3. The plaintiff's claim against the defendants is dismissed as there is no reasonable ground.