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1. The Plaintiff:
A. Defendant C shall pay a full amount of KRW 434,467,025 and KRW 100,000 among them, starting from May 16, 2018.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Determination
A. Judgment by Defendant C, D, and F Confession (Articles 208(3)2 and 150(3) of the Civil Procedure Act)
B. Defendant E-1 applicable provisions of applicable provisions of law: (a) judgment by confession (Article 208(3)2, and Article 150(3) of the Civil Procedure Act). Defendant E did not appear on the date of pleading after the submission of the written reply with the effect that the period of extinctive prescription expires on June 25, 2018. Therefore, Defendant E’s assertion that the instant claim by the Plaintiff was extinguished after the lapse of the period of extinctive prescription. (b) Defendant E’s assertion that the instant lawsuit by the Plaintiff was filed after the lapse of the five-year period of extinctive prescription.
The interruption of the extinctive prescription against the principal obligor is also effective against the surety. However, even if the extinctive prescription is interrupted with respect to the principal obligor, it does not cease to exist. Meanwhile, when the principal obligation is extinguished upon the completion of the extinctive prescription, the discharge of the extinctive prescription with respect to the principal obligor, as a matter of course, shall be extinguished according to the nature of the principal obligation notwithstanding the interruption of the extinctive prescription (see, e.g., Supreme Court Decisions 2000Da62476, May 14, 2002; 2008Da33641, Mar. 25, 2010). According to the overall purport of arguments and arguments in each of subparagraphs 1 through 7 (including various numbers), G Co., Ltd. (hereinafter “G”), the transferor of the instant claim, with the Defendant, is the final maturity of the loan through several additional agreements after September 6, 2005, and each of the above agreements was extended to March 6, 2009.