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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. From early 1993 to the end of 1998, the Plaintiff was a person who held office as the president of the Non-Party K Saemaul Bank (hereinafter “KF”)’s (hereinafter “the deceased”) and Defendant B, C, D, and Non-Party D’s (hereinafter “the development project in this case”) were the relatives of Non-Party P, the representative director of the NF Co., Ltd. Co., Ltd. (hereinafter “Non-Party”) who carried out the development project (hereinafter “the development project in this case”), and was loaned each of the following amounts (hereinafter “each of the loans in this case”) from the KF under the joint and several guarantee of the Non-Party Company or P:
(1) Defendant B (P)’s loan principal amounting to KRW 50 million, the loan date on August 30, 1996; KRW 90 million on August 30, 1998; KRW 30 million on August 16, 1997; KRW 90 million on August 30, 1996; KRW 90 million on August 30, 1996; KRW 90 million on August 30, 1998; KRW 30 million on the loan date; KRW 90,000 on August 30, 1996; KRW 30,000 on August 30, 1998; and KRW 30,000 on the loan date; and KRW 98,000 on August 16, 1997; and ② on the loan date on August 30, 1998; and
After the Deceased died on July 26, 2005, the Defendant B, C, E, F, H, I, J, and Q, who is his lineal descendant, became co-inheritors at the ratio of 1/8 each, and Q, died on February 28, 1997, and the Defendant G, his lineal descendant, solely inherited his share of inheritance.
[Ground of recognition] Facts without dispute, entry of Gap evidence 2 through 6 (including each number; hereinafter the same shall apply), the purport of whole pleadings
2. Determination
A. On December 26, 2005, the Plaintiff asserted on behalf of the Plaintiff made a substitute payment of KRW 340,000,000,000 among the Defendant’s respective loans of this case in proportion to the Defendant’s respective loans of KRW 49,65,185 (Share 14,69,99,97 in the portion of the Defendant’s obligation of the deceased’s total amount of KRW 34,65,188), and the total amount of the Defendant’s loans of KRW 103,510,491 in proportion to the Defendant’s loans.