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1. The plaintiff's lawsuit of this case against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On November 14, 1995, Nonparty New World Financial Co., Ltd. (hereinafter “New World Financial Co., Ltd.”) entered into a bill transaction agreement with Nonparty F Co., Ltd. (hereinafter “F”) with a maximum trading amount of KRW 4.5 billion (hereinafter “instant bill transaction agreement”). Nonparty E, etc. jointly and severally guaranteed obligations under the said bill transaction agreement with F for New World Financial Co., Ltd.
(2) Around May 29, 1997, F borrowed a total of 4.5 billion won by means of a bill discount from the new global comprehensive financing in accordance with the above Promissory Notes transaction agreement.
(3) After being declared bankrupt, G and Korea Deposit Insurance Corporation, appointed as trustee in bankruptcy of the new global comprehensive finance, filed a lawsuit against E, etc. against Busan District Court 2002Da5527 against the claim for loans, etc., excluding the amount of partial repayment. The above court rendered a judgment on October 8, 2002 that “E, etc. jointly and severally, jointly and severally with the bankruptcy trustee and the Korea Deposit Insurance Corporation of the new global comprehensive finance, shall pay the amount calculated at the rate of 24% per annum from January 13, 2000 to the date of full payment.” The above judgment became final and conclusive at that time.
(4) After December 2009, E approves the F's total amount of debt as of December 16, 2009 as F's joint and several surety, E recognizes as KRW 14,701,351,267, as of December 16, 2009, and redeems KRW 650,000,000 as of the date of application for debt settlement (reduction) to confirm that the property on public record is equal to a separate sheet, and redeems the property on public record as of the date of application for debt settlement. Accordingly, as for the remaining amount of debt, E fails to perform the scheduled date of repayment (within five days after the approval of debt settlement) after the reduction or exemption, and from the date of request for reduction or exemption.