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

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

1. Basic facts

A. On August 9, 2004, the Plaintiff: (a) lent KRW 18,800,000 as business funds to D with interest rate of KRW 3% per month; and (b) due date of repayment on October 8, 2004 (hereinafter “instant loan”).

The Defendants jointly and severally guaranteed the instant loan obligations against the Plaintiff on the same day.

B. The Plaintiff received a payment order against D with the content that “D shall pay to the Plaintiff 21,203,287 won and the amount equivalent to 5% per annum from October 9, 2004 to the service date of the original copy of the instant payment order, and 20% per annum from the next day to the day of full payment, and 20% per annum from the next day to the day of full payment.”

The above payment order was finalized on July 8, 2006.

[Ground of recognition] Facts without dispute, Gap 1 to 3 evidence, Eul 1 evidence, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the instant loan of KRW 18,800,000 and the damages for delay.

The plaintiff asserts that he lent KRW 20,000 to D, but if he deducts prior interest, the debtor is obligated to pay only the amount calculated on the basis of the amount actually received by the debtor as the leased principal (see Articles 2 and 3 of the Interest Limitation Act). Since the plaintiff is a person who has paid only KRW 18,800,000 after deducting interest from D, the loan principal of this case is 18,80,000 which the plaintiff actually paid to D and damages for delay.

Therefore, this part of the Plaintiff’s assertion that exceeds 18,800,000 won and damages for delay is without merit.

B. Meanwhile, the Defendants asserted that the joint and several liability against the instant loan is a commercial obligation, and the instant lawsuit was filed five years after the date of the final repayment of D, and that the Plaintiff’s joint and several liability claim against the Defendants was extinguished.

The Plaintiff’s instant loan claims against D are arising from D’s commercial activities.