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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 1, 1996, the Plaintiff entered into an agreement between B and B (hereinafter “B”) with respect to the principal and interest of KRW 50,000,000 with respect to the loans of financial bonds to be borrowed from the Industrial Bank of Korea on April 1, 1996, as until March 25, 1998, with the term of 50,000,000 with the guaranteed principal and interest of KRW 50,000 with respect to the loans of financial bonds to be borrowed from the Industrial Bank of Korea on May 25, 1996, with the term of 50,000,000 with respect to the principal and interest of KRW 50,00 with respect to the loans of KRW 10,000 with the guaranteed principal and interest of KRW 100,000 with the guaranteed principal and interest of KRW 100,000 with the guaranteed principal and interest of KRW 100,000 with the guaranteed principal and interest of KRW 100,0009.
The Plaintiff issued each credit guarantee certificate accordingly, and B obtained a loan from each of the above banks as security.
B. B lost the benefit of each of the above loans due to the due diligence on January 16, 1998. On May 22, 1998, the Plaintiff paid to the Industrial Bank of Korea the amount of KRW 214,090,123, the sum of the principal and interest of the loans, and on May 26, 1998, the amount of principal and interest of KRW 103,741,902 by subrogation to the Jeonbuk Bank.
C. In order to recover the above claim, the Plaintiff spent 17,082,650 won for legal procedure expenses. Among them, 1,501,177 won was recovered and the substitute payment remaining at present is 15,581,473 won.
The plaintiff filed a lawsuit against B and C by the Seoul District Court 2001Kadan4632 and 2002Kadan220328, which won the claim, and the judgment became final and conclusive upon winning the lawsuit. In order to extend the extinctive prescription, the plaintiff filed a lawsuit against B, etc.