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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
Based on the facts, on December 2, 2002, the Plaintiffs and Defendant D entered into a partnership agreement (hereinafter “instant partnership agreement”) with “G” located in Seo-gu Daejeon, Daejeon and “I” located in Seo-gu, Daejeon (which agreed to change the trade name after drilling to “J”; hereinafter referred to as “G”) to jointly operate and jointly operate “G” and to recognize shares of the company (hereinafter “instant partnership agreement”).
Defendant D obtained a loan of KRW 1.8 billion from Han Bank Co., Ltd. on June 28, 2004 under the plaintiffs' joint and several sureties, and repaid the loans of KRW 211,205,049 to Cho Il-young Bank Co., Ltd. (hereinafter "D Co., Ltd.") with the limit of KRW 200 million by Defendant C and D as joint and several sureties loans of KRW 211,205,049.
DFC Korea, on May 24, 2005, prepared a loan certificate of KRW 275,400,000 (hereinafter “the loan certificate of this case”) by adding loans of KRW 50,000 to loans of KRW 50,000,00 in repayment of the above loan to the Plaintiffs and Defendant D, and Defendant E jointly and severally guaranteed this (the next creditor entered as G).
【In the absence of dispute, the plaintiffs' claims for the overall purport of the statements, arguments, and arguments in subparagraph 1, Gap's 1, 2, 3, 7, and Eul's claims are the partnership agreement, and Eul's claims are equivalent to the claims held by Eul. As part of the preservation act in the position of union members, defendant D and C shall claim for compensation equivalent to the amount of loans of DNA Spanchi Korea subrogated to defendant Eul, and defendant Eul shall claim for loans in accordance with the loan certificate of this case.
We examine the legitimacy of the instant lawsuit ex officio by determination as to the legitimacy of the instant lawsuit.
The plaintiffs and defendant D jointly manage G by subrogation as part of the operating funds borrowed by Dmerc Korea, and as a joint guarantor, the defendant D and C are the joint guarantor in accordance with the indemnity claim and the loan certificate of this case.