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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's assertion
A. On October 5, 2007, Defendant A entered into a credit transaction agreement with the Smart Savings Bank (the trade name before the change is a corporate mutual savings bank; hereinafter “Nonindicted Savings Bank”), which stipulates the interest rate of 25% per annum and the overdue interest rate of 37% per annum, to be loaned KRW 90 million per annum (hereinafter “instant loan”). Defendant A and Defendant B, C, D, E, and F jointly and severally guaranteed the instant loan obligations on the same day.
B. On December 20, 201, the Defendants delayed the payment of the instant loan and lost the benefit of time, and the Nonparty Savings Bank notified the Defendants of the transfer of the instant loan claim on February 9, 201 to the Solomon Savings Bank on December 20, 201.
C. Solomon Savings Bank was declared bankrupt on April 30, 2013 and appointed by the Plaintiff as bankruptcy trustee. As of December 2, 2013, the debt of the instant loan remains in total of KRW 174,130,130,258, and overdue interest of KRW 43,222,206 and KRW 130,908,052, and overdue interest of KRW 174,130,258, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay calculated at the rate of 37% per annum from December 3, 2013 to the date of full payment.
2. Determination
A. According to the statement in Gap evidence No. 1, the fact that the loan agreement and joint and several guarantee agreement between the non-party savings bank and the defendants was concluded as stated in the above No. 1. A. However, it is difficult to recognize the fact that the debt of this case as of December 2, 2013 remains in the total of KRW 174,130,258,000,000,000,000,000,000 won as of December 2, 2013.
B. In full view of the purport of the entire pleadings in each statement in the evidence Nos. 1 through 12 (including each number), the Non-Party Savings Bank receives dividends or pays dividends in the auction procedure for the real estate owned by the Defendant.