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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The first and second loan agreements of this case 1) A Co., Ltd. (hereinafter “Saving bank”)
E Co., Ltd. (hereinafter “E”) around February 2005
2) A loan of KRW 400 million (hereinafter “instant loan 1”)
(2) On June 29, 2007, the Savings Bank extended a loan of KRW 400 million to D Co., Ltd. (hereinafter “instant loan 2”) to repay the first loan debt of this case, and the F and Defendant C, the joint guarantor of the instant loan of this case, and Defendant C, the representative director of F, E’s registry, and Defendant C, the representative director of the instant loan of this case, jointly and severally guaranteed the second loan debt of this case.
B. 1) On November 18, 2008, when F voluntarily died, the Savings Bank demanded the Defendants, a joint and several surety of the instant second loan obligation, to repay the instant second loan obligation, and upon examining the Defendants’ application for personal bankruptcy, the Savings Bank was conducting negotiations with the Defendants on June 30, 2009, and the following agreements with the Defendants (hereinafter referred to as “the agreement”).
1. As to the second loan of this case, the Defendants, a joint and several surety, promised to jointly and severally pay 150,000,000 won out of the loan principal to the Savings Bank, and the method of repayment is ① to repay 100,000,000 won up to July 20, 2009, and ② to repay the remaining 50,000,000 won as a borrower and joint and several surety pursuant to the terms and conditions of the Savings Bank after the loan of substitute loan. (Provided, That the Defendants, a joint and several surety, agree and cooperate to lend 40,000 won to the Plaintiff as the borrower and joint and several surety, and submission of all documents related thereto shall be completed by the date on which the Savings Bank requests the Savings Bank).
2. The purpose of the repayment loan of KRW 400 million is the debtor D's second loan of this case.