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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. D Co., Ltd. entered into a credit transaction agreement with the Industrial Bank of Korea on March 29, 195, and C set the guarantee limit of KRW 260,000,000 and jointly and severally guaranteed obligations under the said agreement (hereinafter “instant claim”).
B. The Industrial Bank of Korea filed a lawsuit against C, etc. with the Seoul District Court Decision 2000Kadan171415 against C, etc., and rendered a judgment that C, as to the instant claim against C, shall pay 94,253,382 won to the Industrial Bank of Korea and 35,97,655 won, an amount equivalent to 18% per annum from June 30, 200 to the date of complete payment. The above judgment became final and conclusive around that time.
C. The claim of this case was transferred from the Industrial Bank of Korea to E Co., Ltd. on September 29, 2005, to F limited liability companies on October 20, 2005, and to G Co., Ltd. on January 26, 2007, and G Co., Ltd. filed a lawsuit against G Co., Ltd. as Seoul Central District Court 2008Gadan133570 on September 30, 2008 against G Co., Ltd. to claim the payment of the above amount, and the above judgment became final and conclusive around that time, on September 30, 2008, to pay to G Co., Ltd the amount of KRW 142,542,292 and KRW 35,977,65 per annum from September 7, 2008 to the day of full payment.
The instant claim was transferred to H Co., Ltd. on October 20, 201 and to the Plaintiff on October 28, 2011, and the Plaintiff filed a lawsuit with the Seoul Central District Court 2018Gadan5101690 to seek the payment of the instant claim, and the judgment was finalized on November 15, 2018, with the Seoul Central District Court 2018, stating that C shall pay an amount equivalent to 15% per annum of KRW 207,405,567 and KRW 35,977,65 from May 5, 2018 to the date of full payment.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
2. The plaintiff's summary of the plaintiff's assertion received the claim of this case against C.