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1. The Defendant’s decision on performance recommendation is based on the Seoul Central District Court’s 2018 Ghana 3081459 dated December 7, 2018.
Reasons
1. Basic facts
A. On November 20, 2006, C (B prior to the opening of the name) borrowed KRW 10,000,000 from E Co., Ltd. (hereinafter “E”) and entered into a credit guarantee agreement with the Defendant to the extent of KRW 8,50,000,00, and the Plaintiff jointly and severally guaranteed the said credit guarantee agreement.
B. C’s default of the above loans on November 21, 2007 and occurrence of a guarantee accident, the Defendant paid the above loans to E, and the Defendant filed a lawsuit (Seoul Central District Court 2008 Ghana2297290) with C and the Plaintiff seeking reimbursement on July 23, 2008, and the judgment became final and conclusive on December 3, 2008, “The Plaintiff shall pay to the Defendant 8,369,605 won and KRW 8,369,431 won per annum from March 31, 2008 to November 28, 2008, and 20% per annum from the next day to the date of full payment (hereinafter “instant judgment”). The judgment in favor of the Plaintiff was rendered on March 31, 2008 (hereinafter “instant judgment”).
On the other hand, the above lawsuit was conducted by public notice for the plaintiff because the address available to the plaintiff was not identified, and only the complaint was served to C. In the above lawsuit, C filed a written objection with the Seoul Central District Court to the effect that "the defendant was omitted because it was impossible to verify the part of credit guarantee for E," while filing a petition for personal bankruptcy and application for immunity (2007Hau4894, 2007, 2007, 48974)."
C. In around 2009, the Plaintiff filed bankruptcy and application for immunity with the Seoul Central District Court. The Plaintiff was declared bankrupt on July 19, 2010 from the relevant case (Seoul Central District Court Decision 2009Hadan30171, 2009Da30171, 30171) and the decision to exempt the Plaintiff on November 29, 2010 (hereinafter “the decision to grant immunity”). The above decision to grant immunity became final and conclusive on December 15, 2010, and the claim of this case was not stated in the list of creditors submitted by the Plaintiff at the time of the said application.
Since then, the defendant shall have extinctive prescription of the claim of this case around 2018.