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1. The plaintiff's action against the defendant Jinjin Fisheries Cooperatives shall be dismissed.
2. The Plaintiff’s Defendant Tyman loan.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with the entry in Gap evidence 1 to 5:
On March 17, 1997, the Plaintiff jointly and severally guaranteed that Nonparty C borrowed KRW 20,000 from Defendant Jinjin Fisheries Cooperatives.
However, C did not repay the principal and interest until March 15, 1999, the maturity of the above loan.
B. On October 11, 2002, Defendant Jinjin Fisheries Cooperatives transferred the above loan claims to the Korea Asset Management Corporation, and notified the Korea Asset Management Corporation. On August 28, 2012, the Korea Asset Management Corporation transferred the above loan claims to Defendant Tinnman Loan Co., Ltd. and notified it.
C. On July 18, 2013, Defendant Teyn Loan Co., Ltd. filed an application with the Plaintiff and C to the effect that, jointly and severally with the Plaintiff and C, KRW 44,892,714, and KRW 12,052,393, the Plaintiff filed an application with the Plaintiff to pay the amount calculated at the rate of 20% per annum from December 4, 2013 to the date of full payment. The Plaintiff did not object to the above payment order, and the said payment order became final and conclusive on August 24, 2013.
2. The plaintiff's ex officio determination of the lawsuit against the defendant Jinjin Fisheries Cooperatives is asserted against the defendant Jinjin Fisheries Cooperatives that his joint and several liability became extinct due to extinctive prescription, and the absence of such obligation is confirmed.
However, as seen in the basic facts, the defendant Jinjin Fisheries Cooperatives has already transferred the claims against the plaintiff, and thus there is no interest in the plaintiff's lawsuit to confirm the existence of the obligations.
Therefore, this part of the lawsuit by the plaintiff is dismissed.
3. As to the Plaintiff’s claim against Defendant Tyman Loan Co., Ltd. (hereinafter “Defendant Tyman Loan”), Defendant Tyman Loan Co., Ltd. (hereinafter “Defendant Tyman Loan”) has a claim amounting to KRW 44,892,714 against the Plaintiff and KRW 12,052,393 per annum from December 4, 2013 to the date of complete payment.