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1. The lawsuit of this case against the defendant B is dismissed.
2. The plaintiff's claim against the defendant C is dismissed.
3...
Reasons
1. According to the facts stated in Gap evidence No. 1, the defendants issued and delivered to the plaintiff a promissory note No. 70,000 won at par value, issue date of July 22, 2009, and the due date of October 22, 2009, and a promissory note No. 990 (hereinafter "the Promissory note of this case"), which is the defendants of the issuer, (hereinafter "the Promissory note of this case"), and as to the Promissory Notes of this case, a notary public made and delivered a notarized deed of this case No. 621, July 22, 2009.
2. The parties' respective arguments;
A. The Plaintiff’s summary of the Plaintiff’s assertion had lent money to the Defendants and received a notarial deed of promissory notes from the Defendants. As of October 22, 2009, the payment date of the Promissory Notes became extinct by prescription as of the filing date of the instant lawsuit.
Therefore, the Defendants are liable to return to the Plaintiff unjust enrichment amounting to KRW 70,000,000, which was derived from the discharge of the obligation to pay the amount in accordance with the Promissory Notes of this case.
B. Defendant C is the person who actually borrowed money from the Plaintiff’s summary of his assertion. Defendant B was the person who introduced Defendant C to the Plaintiff, and the Plaintiff requested joint and several sureties and jointly issued the Promissory Notes, but thereafter, Defendant C repaid all of the loan obligations to the Plaintiff.
Furthermore, Defendant B was granted immunity from the Seoul Central District Court and the effect of immunity is limited to Defendant B’s obligations against the Plaintiff. Therefore, the Plaintiff’s claim is unreasonable.
C. Defendant C’s summary of the assertion was prepared and executed with the instant promissory note in order to secure the payment of KRW 11,00,000,000 borrowed from the Plaintiff on July 22, 2009. Since Defendant C paid the Plaintiff in full the amount of KRW 15,00,000 as the principal and interest of the loan between July 29, 2009 and August 6, 2009, it did not gain any profit due to the extinction of the statute of limitations on the instant promissory note.
3. The instant lawsuit against the Defendant B.