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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On August 5, 1996, the Plaintiff’s requesting mutual savings and finance companies (the merger with the Han-dong Mutual Savings and finance companies was undertaken with the Han-dong Mutual Savings and finance companies) loaned KRW 100 million to E Co., Ltd. at the rate of 16.5% per annum and 20% per annum on repayment date, and F, G, and Defendant B jointly and severally guaranteed the obligations of the said Co., Ltd.
Korea-U.S. Mutual Savings Bank was transferred to Solomon Mutual Savings Bank, and the Plaintiff (former Homon MC Co., Ltd.) was transferred to Solomon Savings Bank on August 11, 2005 with Solomon Savings Bank on all rights and obligations under the contract for the sale of claims.
As of December 25, 2017, the total of KRW 146,65,930, interest balance, etc. total of KRW 597,038,175, etc. remains.
G died on January 13, 2006, and the F, the wife of G, died on January 11, 2007, and the Defendant A, C, and D (the number of children is five and the Defendants’ share in inheritance was 1/5, respectively) succeeded to the above obligation.
The plaintiff claims KRW 100 million in consideration of the circumstances of the defendants, and the defendant Eul is jointly and severally liable with the defendant Eul, defendant A, C, and D to pay KRW 100 million in advance and delay damages.
2. The Defendants’ obligations asserted by the Defendants were extinguished by prescription.
Upon the death of F, Defendant A, C, and D renounced inheritance, and with respect to G, the said Defendants granted special approval.
3. In full view of the purport of the evidence No. 1 in the judgment No. 1, Defendant B’s obligation became due as the benefit of December 6, 1998 was lost and due. The five-year period of commercial statute of limitations has elapsed thereafter. The remainder of the Defendants’ obligation was filed by the Plaintiff (the succession of the lawsuit by the Korea-U.S. Mutual Savings Bank) against F and G with the Busan District Court 2005da60709, and the lawsuit was affirmed on May 18, 2006 and the judgment became final and conclusive around that time after winning the lawsuit.