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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 2, 1996, Korea Exchange Bank Co., Ltd. loaned 50 million won to B on April 2, 1996, setting the maturity date as April 2, 1998, and the Defendant jointly and severally guaranteed the above loans.
B. The claim for the instant loan was transferred to a limited liability company specialized in business-backed securitization on January 22, 2002, to a limited liability company specialized in global exchange affairs on August 1, 2003, and to a limited liability company specialized in global exchange affairs on June 8, 2007, in sequence to the Plaintiff on June 8, 2007.
[Grounds for Recognition: Entry of Evidence Nos. 1, 3, and 4-1 through 5-3, and the purport of the whole pleadings]
2. The Plaintiff’s assertion that the Plaintiff received the final claim for the instant loan, and the Defendant was notified of the transfer of the claim. As such, the Defendant asserts that, as a joint guarantor of the instant loan, the Defendant is obligated to pay to the Plaintiff the Plaintiff the agreed interest rate of KRW 155,514,746 in total, the principal amount of the loan remaining as of April 2, 2014, and KRW 39,946,196 in total, and delay damages calculated at the rate of 18% per annum, which is the delayed interest rate from April 3, 2014 to the date of full payment, and that the Defendant’s claim for the instant loan expired due to the expiration of the extinctive prescription.
3. Determination
A. According to the above facts, the defendant, as a joint and several surety for the debt of this case, is obligated to pay the principal and interest claimed by the plaintiff to the plaintiff as a joint and several surety for the debt of this case, barring any special circumstances. However, according to the evidence Nos. 3 and 8, a limited company specializing in global exchange 14th securitization, which is the former transferee of the debt of this case, applied for a payment order against the defendant, who is the principal obligor B and joint and several surety, as Seoul Central District Court 2003 tea69016. The above court accepted the above payment order application against the principal obligor B on Nov. 28, 2003, and the above decision became final and conclusive on Apr. 21, 2004. Therefore, it can be acknowledged that the principal obligor B is the principal obligor.