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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. The Plaintiff’s assertion, around June 28, 2013, sought joint payment of the principal and interest of Samsung Card Bonds (Joint Guarantee: Defendant B) from Samsung Card Co., Ltd. on the grounds that the Plaintiff acquired the credit card bonds (Joint Guarantee Co., Ltd.) from Defendant Samsung Card Co., Ltd., and sought joint payment against the Defendants of KRW 161,255,732 (As of January 27, 2014, the principal and interest of which were acquired, KRW 57,231,
2. Comprehensively taking account of the entries in the evidence Nos. 4 and 5 and the statement of financial transaction information reply and vindication of Samsung Card Co., Ltd., Defendant A traded credit cards and loans (credit card theory) with Samsung Card Co., Ltd. from around 1996 to around 2000, and in relation to its debt, Defendant B and Samsung Card Co., Ltd. around April 12, 2004, a notarized deed was prepared to the effect that Defendant B will take over 58,782,393 won for Defendant A’s credit card use and loan debt.
However, on the other hand, the above materials alone cannot confirm the specific details of the occurrence of the obligation that Defendant A had borne to Samsung Card Co., Ltd. on or around April 2004, and the above notarial deed also belongs to the documents that Defendant B and Samsung Card Co., Ltd attended as their representatives and received notarial deeds.
Therefore, in this case where the Defendants actively disputed the occurrence and existence of the above debt, the above evidence alone is insufficient to readily conclude that the Samsung Card Co., Ltd had a claim against the Defendants amounting to approximately KRW 60 million based on the principal amount, as alleged by the Plaintiff.
Therefore, we do not accept the Plaintiff’s assertion (if the existence of the above claim can be recognized, it appears that the statute of limitations has expired). 3. Conclusion, the Plaintiff’s claim against the Defendants is dismissed in entirety.