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1. Of the plaintiff's lawsuit against the defendant B, the part based on the joint and several guarantee agreement dated March 8, 2005 shall be dismissed.
2. The plaintiff.
Reasons
1. Facts of recognition;
A. 1 and 2 loans (i) Defendant C is the actual operator of D Co., Ltd. (hereinafter “D”), and Defendant B was registered as D’s representative director by July 6, 2005 while serving as D around 1999 and serving as D’s representative director.
(B) Around July 6, 2005, E, the spouse of Defendant C, was appointed as the representative director of D). Between December 22, 2004, and March 8, 2005, the Plaintiff agreed to lend the amount of KRW 500 million to D, five times from March 22, 2004 to March 8, 2005, and the due date of repayment on January 10, 2006 (the principal of each month was partially repaid). Defendant C and the Defendant B jointly and severally guaranteed the debt of KRW 50 million (hereinafter “the first loan”). The Plaintiff decreased the interest amount of KRW 300 million to D over four times from November 28, 2005 to March 16, 2006 (hereinafter “the interest amount”) by 25% from September 25, 2006 (hereinafter “the second loan”).
(1) Defendant B set aside D around November 2007 due to D related debt such as joint and several surety for Defendant B’s primary loan, and on April 14, 2008, the Seoul Central District Court (2008Hadan11648, 2008, 11648, 2008, 11648, 2008) declared bankrupt on July 23, 2008, and the decision of immunity was made on December 5, 2008, and the decision of immunity became final and conclusive on December 20, 2008.
The plaintiff did not state his claim in the list of claims at that time.
B, the decision of immunity became final and conclusive, and around February 2009, Defendant B re-entered into D and took charge of accounting affairs.
C. (i) On December 24, 2009, the Plaintiff loaned KRW 950 million to D with only KRW 160 million of the principal of the first loan around December 24, 2009, and thereafter additionally lent KRW 950 million on May 13, 2010. Upon receiving a written statement of performance as to KRW 2 billion of the loan, including KRW 1 and the second loan, from D, KRW 2 billion of the total amount of KRW 640 million of the principal of the second loan, the Plaintiff continues to pay interest of KRW 2% per month ( KRW 12.8 million).