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1. The Plaintiff’s respective lawsuits against Defendant A and Defendant B are as of December 8, 2016 between Defendant A and Defendant B.
Reasons
1. The Defendants, at the declaration of termination of the lawsuit against Defendant A and Defendant B, stated that all of the Plaintiff’s claims were accepted in the reply dated October 24, 2016, and the said reply was written on the first day for pleading on December 8, 2016.
If the purport of recognizing and recognizing a claim of the other party is stated in the pleading protocol, even if there is no separate recognition and recognition protocol, it shall take effect, so that a lawsuit is terminated naturally (see, e.g., Supreme Court Decision 2002Da7800, May 10, 2002). If it is found that a lawsuit has been proceeded with while the lawsuit was completed, and that the trial has been continued, the court shall declare ex officio the termination of the lawsuit.
(see Supreme Court Decision 2010Da103048, Apr. 28, 2011). Accordingly, each lawsuit against the said Defendants was terminated by the Plaintiff’s failure to file a petition. However, this court’s judgment is excessive and continued to hold a trial, and thus, the said Defendants’ declaration of termination of the lawsuit is ex officio consistent with the order.
2. Determination as to the claim against Defendant C
A. (i) On November 29, 2013, the Plaintiff entered into a credit guarantee agreement with Defendant A Co., Ltd. (hereinafter “Defendant Company”) with respect to the obligation to repay the principal and interest of loan to be borne by the Defendant Company by obtaining a loan from Han Bank until November 28, 2018. Defendant B, the representative director of the Defendant Company, jointly and severally guaranteed the obligation under the said credit guarantee agreement with the Plaintiff.
D. The Defendant Company lost the benefit of time due to the occurrence of a credit guarantee accident on March 3, 2016, when it received a loan of KRW 500 million from the Han Bank on December 3, 2013, due to the overdue repayment of the principal and interest of loans that began from January 5, 2016.
Accordingly, the Plaintiff on May 18, 2016 pursuant to the credit guarantee agreement.