1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

On July 16, 2002, the Plaintiff entered into a credit guarantee agreement with the deceased C (hereinafter “the deceased”) with the content that the Plaintiff guarantees the performance of the deceased’s obligation for loans (hereinafter “the instant credit guarantee agreement”).

On July 16, 2002, the Deceased borrowed a total of KRW 30,000,000,000, but failed to repay the loan obligations. The Plaintiff, as indicated below, subrogated the loan obligations to the New Agricultural Cooperative around December 7, 2006, as stated in the “amount of subrogated reimbursement (the date of subrogation)”.

On November 6, 2013, the deceased died on November 6, 2013, there are co-inheritors, who are the spouse, Defendant A (3/7) and Defendant B and D (2/7 of each share of inheritance).

[Ground of recognition] A without any dispute, entry of Gap evidence Nos. 1 through 12 (if there is a provisional number, including each number; hereinafter the same shall apply) and the purport of the entire argument as to the purport of the plaintiff's assertion as to the purport of the whole argument, the defendants must repay to the plaintiff the amount equivalent to each share of inheritance out of the balance of the deceased's indemnity liability. Thus, the defendant A is liable to pay to the plaintiff the amount equivalent to 3,860,291 (=79,07,347 x 3/7) and principal amount of 14,146,713 (=3,008,97 x 3/7 x 3/7). The defendant B is liable to pay damages for delay up to 15% (79,007,347 x 79,07 x 2/7 x 33,08,97 x 97 x 2/7).

Judgment

According to the above facts, the Defendants are obligated to pay to the Plaintiff the amount equivalent to each share of inheritance out of the balance of the deceased’s indemnity obligation, unless there are special circumstances.

Therefore, the Defendants asserted that the Plaintiff’s claim for reimbursement against the Deceased was extinguished by the statute of limitations. As such, the Plaintiff’s claim for reimbursement against the Health Team and the Plaintiff’s claim for reimbursement is in progress from December 7, 2006, on which the Plaintiff subrogated for the deceased’s obligation for the loans, and it is apparent that the instant lawsuit was filed on July 7, 2017 after the lapse of 10 years from the said lawsuit.