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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. On May 3, 2004, the Plaintiff (hereinafter “instant loan”) borrowed KRW 12.5 million from D Co., Ltd. (hereinafter “D”) (hereinafter “instant loan”) on September 3, 2010.
(F) at the time F and G stand joint and several sureties with respect to the loan obligations of this case.
D) On June 17, 2008, the Seoul Eastern District Court 2008Gaso138763, filed a lawsuit against the Plaintiff, F, and G, and on July 3, 2008, the decision of performance recommendation was made on July 3, 2008 that “The Plaintiff, F, and G jointly and severally with D 11,812,50 won and the amount equivalent to 20% per annum from the day next to the day of delivery of the complaint ( July 10, 2008) to the day of full payment.” The decision of performance recommendation became final and conclusive on July 25, 2008 on the ground that all the parties did not raise any objection.
C. D transferred the instant loan claim to H on June 30, 2009, and H transferred the same claim to I limited liability company on July 1, 2009, and I limited liability company transferred the same claim to B on July 7, 2009 (the trade name at the time was “J of the stock company.” The trade name was changed as above on September 2010; hereinafter “B”).
After that, B was declared bankrupt on September 2012, and the defendant was appointed as a trustee in bankruptcy.
For the interruption of extinctive prescription on July 13, 2018, the Defendant applied for a payment order against the Plaintiff, F, and G with the content that “the Plaintiff, F, and G shall jointly and severally pay 35,314,700 won and 11,812,500 won per annum from June 20, 2018 to the date of full payment” and the payment order with the same content as on July 16, 2018 (hereinafter referred to as “instant payment order”) was issued, and the payment order with the same content as on September 4, 2018 became final and conclusive by September 4, 2018.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1 to 3, and Eul No. 1 to 3.