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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff asserted that the plaintiff filed a lawsuit against the defendant and Eul against the defendant and Eul for a loan of 2 million won from around May 18, 1998 and damages for delay from around November 27, 1999 (hereinafter "the loan of this case") about the loan of this case from around May 18, 199 to the defendant as the principal debtor and joint guarantor B, and obtained a final decision in favor of the defendant and Eul. After receiving the total amount and interest of the loan of this case from B on September 8, 2010, Eul exempted the principal and interest from the guarantor. Since the interest balance of the loan of this case from around September 8, 2010 to September 8, 2010 exceeds 46,231,285 won, the defendant is obligated to pay the above amount to the plaintiff.
2. Determination
A. According to the reasoning of the judgment as to the facts of the cause of the claim No. 4-1 and 2, the plaintiff filed a lawsuit against the loan of this case as the Ulsan District Court 2004Gada107622 around August 2004, and the decision of performance recommendation as to the defendant around September 7, 2004 was finalized, and as to B, the decision of performance recommendation as to the plaintiff was rendered around November 16, 2004, and the decision became final and conclusive around that time, and the principal and interest payment was received from B around September 8, 2010, and the interest balance amount is 46,231,285 won.
Thus, the defendant is obligated to pay the above KRW 46,231,285 to the plaintiff, unless there are special circumstances.
B. As to the defendant's defense, the defendant's defense is proved that the plaintiff was exempted from the defendant's obligation while receiving some principal and interest of loans from B.
In full view of the statement in the evidence No. 6 of this case, the board of directors of the plaintiff, who has the authority to reduce or exempt interest on the debtor, received from B on September 8, 2010 all principal and interest 1,014,879 won from the debt of this case, and took all legal measures against the defendant and B, but the debtor and the guarantor's property.