1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Facts of recognition

New Bank Co., Ltd. (hereinafter “New Bank”) extended loans to Defendant A Co., Ltd. (hereinafter “Defendant Company”); ① on October 30, 2003, KRW 52,90,000 on December 15, 2006 due date for repayment; and ② on April 18, 2006, extended loans at KRW 19% per annum on December 16, 2006 (including other facility loan; hereinafter “the first loan”); ② on April 18, 2006, KRW 180,000 as due date for repayment and interest rate of KRW 19% per annum.

(In new subjects: general financing loans; hereinafter referred to as "second loans of this case"). Defendant B and C jointly guaranteed each of the above principal and interest obligations within the limit of KRW 2.34 billion, respectively.

On May 25, 2010, a new bank entered into an agreement on acquisition of assets with the content of transferring the principal and interest of loans to a combined asset management company, and entered into an agreement on acquisition of assets with the new bank, a combined asset management company, and the Plaintiff on June 24, 2010, stating that “The asset acquisition by the combined asset management company also transfers all the contractual status to the Plaintiff according to the contract.”

On June 29, 2010 and June 30, 2010, the new bank notified the defendant company of the transfer of the principal and interest of the loan to the plaintiff by mail proving the contents of the contract.

The Plaintiff’s claim amount against the Defendant Company was the sum of KRW 2,355,755,254 as of September 22, 201 [16,728,428, the sum of principal and interest of KRW 16,728,428 [13,26,369, the interest of KRW 545,151, the interest of KRW 2,956,908] (2,338,943,054, the sum of principal and interest of KRW 112,323,971, the interest of KRW 18,357,440, the interest of KRW 163,261, the interest of KRW 363,643), and KRW 83,727,72].

On September 22, 2011, the Plaintiff received dividends of KRW 1,915,367,906 and enforcement expenses of KRW 5,629,400 in the discretionary auction procedure (Seoul Southern District Court D, etc.) for real estate owned by Defendant B, C, etc., and as a result, the Plaintiff received dividends of KRW 1,915,367,90 in total, and KRW 434,757,948 in total, each of the principal of the instant loans = 13,26,369.