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1. The plaintiff's lawsuit against the defendant C shall be dismissed.
2. The Plaintiff:
A. Defendant A medical corporation is 200,000,000 won and 200 won.
Reasons
1. Facts of recognition;
A. On September 1, 2008, the Defendant medical corporation B (hereinafter “Defendant B”) obtained a loan of funds for public facilities (hereinafter “instant loan”) by setting a loan of KRW 1.7 billion from the E bank on September 1, 201 and obtaining a loan of KRW 1.7 billion on September 1, 201, and on the same day, Defendant C guaranteed each of the extended loans up to KRW 2.27 billion, and Defendant D guaranteed each of the extended loans of KRW 2.2 billion.2 billion on the same day.
B. On December 28, 2012, E Bank transferred the principal and interest interest of this case to the Plaintiff. On December 31, 2012, E Bank notified Defendant B of the transfer.
C. As of March 20, 2018, the loan of this case remains as principal KRW 741,416,685, interest 631,443,262 (total amount of principal and interest 1,372,859,947), and the rate of delay damages determined by the Plaintiff according to the Bank Credit Transactions Basic Agreement is 18% per annum.
On the other hand, on December 10, 2015, the Defendant C applied for bankruptcy and exemption to Daejeon District Court 2015Hadan3067 and 2015 Ma3065 on December 10, 2015, and was declared bankrupt on March 10, 2016, and the decision became final and conclusive on June 3, 2016, and each of the above decisions became final and conclusive around that time. The Plaintiff’s joint and several liability claims for the instant loan were not stated in the list of creditors submitted by the Defendant to the above court.
[Ground of Recognition] between the plaintiff and the defendant B: The plaintiff, defendant C, and D pursuant to Article 150 of the Civil Procedure Act: There is no dispute, Gap's 1 through 8, 11, 12, Eul's 1, 3, and the purport of the whole pleadings
2. According to the facts of the recognition of the claim against Defendant B, Defendant B, a debtor who received the instant loan, is obligated to pay to the Plaintiff the interest of KRW 1,372,859,947 (principal KRW 741,416,685) calculated by the rate of 18% per annum, which is the agreed interest rate from March 21, 2018 to the date of full payment.
3. Claim against Defendant C
A. Defendant C is liable for bankruptcy and immunity.