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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On August 14, 2007, C Co., Ltd. (hereinafter “C”) entered into an agreement with D Co., Ltd. (hereinafter “Nonindicted Company”) to lend KRW 3.6 billion (hereinafter “instant loan agreement”); and the Defendant jointly and severally guaranteed the above loan obligations.
B. C and the non-party company extended the credit term of KRW 350,000,000 to September 30, 2009 for the remaining principal of the loan debt of this case by September 11, 2009.
C. The instant loan claims were transferred to E limited liability companies on September 27, 2010, to F limited liability companies on April 30, 2014, and to the Plaintiff on April 17, 2018 through each asset acquisition contract in sequence.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap Nos. 1, 3, and 4, the purport of the whole pleading
2. The assertion and judgment
A. The plaintiff's assertion that the defendant is a joint guarantor of the loan obligation of this case shall repay the above obligation to the plaintiff as the final transferee of the loan claim of this case.
However, as of December 11, 2018, the principal and interest of the instant loan claims as of December 11, 2018 KRW 5,666,126,529. As such, the Defendant is obligated to pay to the Plaintiff part of the principal amount of KRW 84,319,605 (i.e., interest on the said amount of KRW 50,000,000 (i.e., interest on KRW 34,319,605) and damages for delay from December 12, 2018 for the principal amount of KRW 50,000,000.
B. In light of the circumstances acknowledged by Gap evidence Nos. 2 and Eul evidence Nos. 1 and the purport of the entire pleadings, namely, the non-party company was actually in the state of closure from around 2009 to December 10, 2015; the registration of the deemed dissolution was made on December 10, 2015; the registration of the deemed dissolution was made on December 10, 2018; and the notification of the transfer of each of the claims against the loan of this case from Eul to the plaintiff was made on December 10, 2018, by the non-party company's domicile, "G apartment No. H domicile in the Pakistan-si, the address of the non-party company's principal office."