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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter referred to as “D Co., Ltd.”) entered into a loan transaction agreement, exchange loan agreement, and period change agreement (hereinafter collectively referred to as “each of the instant loans”) with Defendant B as listed below, and the Defendant C jointly and severally guaranteed the Defendant B’s obligation to pay the above loans.
EF C
B. As Defendant B’s delinquency in repayment of the loan, D and Defendant B agreed on July 21, 2010 that the total amount of the loan shall be KRW 6,068,30,300,3236,250 each month from August 2, 2010 to July 2, 2016, and the notary public of the notarial deed of debt repayment contract (contract of installment financing) drafted No. 7683 and 7684 of the notarial deed of G, 2010.
(hereinafter “each notarial deed of this case”). Defendant C guaranteed the debt.
C. The Defendants did not pay the obligations under each of the instant notarial deeds once ( August 2, 2010) through one time, and each of the instant notarial deeds provides for the loss of the term interest as follows.
Article 6 (Loss of Maturity) Where an obligor falls under any of the following subparagraphs, the obligor shall, as a matter of course, lose the benefit of time for the above obligation and immediately repay all of the remainder of the obligation, even if there is no other notification or peremptory notice from
1. When an application was filed for the declaration of bankruptcy, the commencement of rehabilitation procedures or the commencement of individual rehabilitation procedures for the debtor;
2. Where a debtor is subject to a disposition of business suspension from a creditor bank;
3. When the debtor falls under any of the following subparagraphs when the payment of principal and interest is delayed, the debtor shall, upon a motion of the creditor, lose the benefit of the time limit for the above obligation, and immediately repay all of the remainder of the obligation:
1. The debtor shall make a compulsory execution, provisional seizure, provisional disposition or request for auction from a third party;