1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On June 16, 1997, Korea Capital Co., Ltd. (hereinafter “Korea Housing Finance Corporation”) lent 45 million won per annum to D on June 16, 1997, 14.5% per annum, 19% per annum, 19% per annum, 25% per annum, repayment date, 203 June 25, 2003, and 6 years of repayment period (hereinafter “instant loan”). Defendant A guaranteed the obligation of the instant loan with the guarantee limit of 58.5 million won.

B. On May 18, 2012, the Plaintiff acquired the remaining claims of the instant loan from the Republic of Korea Capital, and notified the Defendant A of the assignment of claims.

C. Meanwhile, Defendant B is a child of Defendant A, and from February 28, 2012, Defendant B is conducting livestock products and fishery products wholesale business in Busan Seo-gu E in mutual name.

【Ground of recognition】 The fact that there has been no dispute, entry of Eul-Na No. 3, the purport of the whole pleading

2. The assertion and judgment

A. The summary of the Plaintiff’s assertion 1) Defendant A is a joint and several surety for the instant loan obligations. As such, Defendant A is a joint and several surety for the instant loan obligations, the Plaintiff, who received the instant loan claims, shall pay damages for delay for the total amount of KRW 139,867,392 and the remaining principal amount of KRW 23,59,644. C is a company actually operated by Defendant A, and Defendant B was registered under his own name illegally.

As a result, Defendant A acquired sales claims unfairly, and the Plaintiff suffered losses that could not take compulsory execution and preservation measures for claims related to the sales claims.

Therefore, Defendant B, along with Defendant A, shall pay the remainder of the loan claim of this case and delay damages to the Plaintiff, and Defendant A shall implement the procedure for changing the name of business registration.

B. We first examine the defendants' defense that the defendant Gap's joint and several liability extinguished by the statute of limitations prior to the plaintiff's ground of claim.

The period of extinctive prescription is five years with commercial bonds, and the starting point is the starting point.