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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Credit Guarantee Fund has entered into a credit guarantee agreement with C on three occasions, and C has provided the Plaintiff with a credit guarantee certificate issued by the Credit Guarantee Fund and received a loan from the Plaintiff as follows:
In addition, the defendant jointly and severally guaranteed C's above loan obligations.
On September 24, 2008, 200, 200, 13.36% per annum 13.36% per annum 260,000, 1500,500, 2000 general loan of 2 general fund loans of 3 general fund loans of 20,000 on September 11, 2008, 200, 3 general fund loans of 260,000,000, 170,000,000, 3 general fund loans of 20,000,000 on September 30, 2009.
B. C lost the benefit of time, and around January 25, 201, the Credit Guarantee Fund subrogated to the Plaintiff part of the principal and interest of loan as stated below. As of July 27, 2015, C Company did not pay the Plaintiff totaling KRW 107,116,257 as follows.
Serial Nos. 22,50,00,000,194,875,694,875 principal loans 127,50,500,634,675 20,634,675 28,622,8734,25734,257,257,257,577,547,548 principal loans 170,000,000 interest and overdue interest 481,4813 general loans 012,163,834,834,834,834,200,000,000 interest and overdue interest 23,40,000,470,5361,571,637,415,467,57,165,47,57,167,47,57,165,47,15
2. The assertion and judgment
A. The gist of the assertion is that the plaintiff sought payment of the principal and interest of loan against the defendant who jointly and severally guaranteed the debt of the corporation C. Accordingly, the defendant has no memory as jointly and severally guaranteed the debt of the corporation C to the plaintiff, and is not so.
The decision to grant immunity is also granted.