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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. The party's assertion
A. The Plaintiff’s assertion 1) A Co., Ltd. (hereinafter “Nonindicted Company”) was loaned KRW 50 million from the Korea Standards Bank (former Bank) (hereinafter “instant loan”) and the Defendant guaranteed the Defendant’s loan obligation of the Nonparty Company. (2) The instant loan obligation was subsequently transferred to the Plaintiff on October 8, 2015, via Ai, Ei, Ei, Ei, Ei, Ei, Ei, Ei, Ei, Ei, Ei, Ei, Ei, Li, Ei, Ei, Liel5, Ei, Ltd., and Sii asset management loan, and the notification procedure was also conducted by the said transferor.
3) As of October 8, 2015, the principal balance of the instant loan loan is KRW 19,020,081. Therefore, the Defendant is obligated to pay KRW 19,020,081 to the Plaintiff, the assignee of the instant loan and damages for delay thereof. (B) At the time of the Defendant’s assertion 1, the person in charge of the instant loan loan is merely a formal guarantee, and the Defendant merely guarantees that it belongs to the Defendant. Therefore, the Defendant is not liable to guarantee the Defendant.
2 The extinctive prescription of the instant loans was completed.
2. Determination:
A. The plaintiff's assertion can be acknowledged in light of the contents of evidence Nos. 1 through 9 and the purport of the whole pleadings.
The defendant's assertion that "no liability for guarantee exists merely as a formal guarantee shall be accepted without any evidence or circumstance to acknowledge it."
B. However, the instant loan claim is a claim arising out of commercial activities, subject to five years of the prescription period for commercial claims. According to the results of the statement in Gap evidence 7 and 9 as well as the fact-finding on Korea Standards-based Bank Co., Ltd., Ltd., the following facts: (a) the period of the instant loan claim is four years after being loaned KRW 50,000,000 on March 17, 2006; and (b) the non-party company repaid the instant loan claim on January 19, 2010 and repaid part of the instant loan claim.
C. According to the above facts, the instant case is established.