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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 28, 2008, Defendant A Co., Ltd. refused to pay interest on May 28, 2009; 10% per annum; and Defendant A Co., Ltd.’s interest on the remainder of the loan, the Bank agreed to immediately lose the lending period; and 22% per annum from the day following the date of delinquency in payment for the remainder of the loan; and loaned KRW 80 million thereafter.
(hereinafter “instant loan”). Meanwhile, the Defendant Fur loan Co., Ltd. guaranteed each limited contract within the limit of KRW 960,000,000 for Defendant A’s obligation of the instant loan, and Defendant B and C guaranteed each limited contract within the limit of KRW 1,04,000,000.
B. The principal and interest of the instant loan obligation, which Defendant A, which was not paid to the Plaintiff as of June 25, 2014, is KRW 1,696,771,817 (the principal and interest of the loan).
C. On June 15, 2015, the Alley District Savings Bank was declared bankrupt by the Gwangju District Court No. 2015Hahap5003, Jun. 15, 2015, and the Plaintiff appointed as a trustee in bankruptcy by the above court taken over the instant legal proceedings.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including branch numbers for those with a satisfy number), the purport of the whole pleadings
2. Determination
A. According to the facts of the judgment as to the cause of the claim, the defendant corporation is obligated to pay to the plaintiff the principal of the debt of this case and the principal of 756,640,000 won from June 26, 2014 to the full payment of the principal amount of 1,69,771,817 won and the principal of 756,640,000 won (the interest of this case) at the rate of 22% per annum. The defendant Fur loan of the defendant corporation is jointly and severally liable with the defendant corporation within the limit of KRW 96,00,000,000,000 won.
B. As to the defendants' defense of extinctive prescription, the defendants asserted that the loans of this case were extinguished by extinctive prescription. 2) The loans of this case are loans of this case.