1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

The Defendants filed a lawsuit with the Ulsan District Court 2004Gahap3488 on July 30, 2004 against the Plaintiff and E seeking the return of the purchase price, etc.

The above court jointly and severally held that the plaintiff and E shall pay 45 million won to the defendant Eul, 48 million won to the defendant C, 48 million won to the defendant D, 5% per annum from November 1, 1992 to July 8, 1994, and 20% per annum from the next day to the day of complete payment (hereinafter "reconciliation recommendation decision of this case"). The above court made a decision of October 12, 2004 to recommend reconciliation (hereinafter "reconciliation recommendation decision of this case").

The decision of recommending reconciliation of this case was finalized on November 5, 2004 because it did not raise any objection after the delivery to each party.

On October 8, 2014, the Defendants filed an application for the payment order based on the decision of recommending reconciliation with the Plaintiff and E (hereinafter “instant payment order”). The Defendants failed to comply with the order of correction following the Plaintiff’s objection. As to the Plaintiff, the Defendants were dismissed on December 24, 2014.

【In the absence of dispute, the Plaintiff’s debt against each of the Defendants alleged by the Plaintiff, as stated in the evidence Nos. 1 and 1 and 2 of this Court, as well as the overall purport of the pleading, was incurred as a joint and several liability for the refund of the purchase-price against each of the Defendants of two Industrial Construction Co., Ltd., a joint and several liability. Since the ten-year prescription period from October 31, 1992, which is the due date of the principal obligation, expired due to the lapse of the principal obligation, the Plaintiff’s debt also expired depending on the subsidiary nature of the guaranteed obligation.

Since the Defendants did not make any judicial claim against the Plaintiff after the request for the instant payment order was rejected, the statute of limitations expired for the Plaintiff’s obligation pursuant to the instant settlement recommendation order.

The decision to recommend the compromise is final and conclusive with the same effect as the judicial compromise, and the protocol of compromise is final and conclusive.