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1. The plaintiff's claim is dismissed.
2. On March 27, 2014, this Court has regard to cases of application for suspension of compulsory execution by this Court 2014Kaga199
Reasons
1. Basic facts
A. On July 10, 200, the Defendant extended a loan of KRW 10 million to B on July 10, 2001. The Plaintiff jointly and severally guaranteed the above obligation. The scope of the guaranteed obligation is the obligation stipulated in the “Comprehensive Guarantee” including all obligations arising from credit transactions, such as bill lending, deed lending, current and future obligation owed by B against the Defendant, which is the debtor, as the debtor. The ceiling of the guaranteed obligation is KRW 14 million, and the settlement term of the guaranteed obligation is not separately designated, but the guarantor may designate the settlement term upon written notice by the guarantor at the time of five years after the date of the guarantee agreement.
B. B filed an application for debt adjustment with the Credit Counseling and Recovery Service on April 6, 2005, while failing to repay the above loan debt of KRW 10,292,868.
7. 8. A resolution of the debt settlement proposal was made to repay a certain amount every 116 times, and the defendant changed the above loan to the Switzerland loan by means of a computer on November 1, 2005 following a notice to supplement a part of the credit business due to a party to the Credit Counseling and Recovery Committee of the National Federation of Small and Medium Enterprises. B repaid a certain amount of the loan by December 13, 201, and as of June 6, 2013, as of June 6, 2013, the unpaid principal was KRW 4,147,145, interest on deficits and interest on deficits and interest on delay, KRW 4,103,460, overdue interest is KRW 1,170,050.
[Ground of Recognition] No dispute between the parties, or each entry in Gap evidence 2 to 5, Eul evidence 2 to 3 (including paper numbers)
2. The plaintiff's assertion and judgment
A. The plaintiff asserts that B is completely different from the loan obligations under the payment order stated in the purport of the claim, and that the plaintiff does not guarantee the above payment order. However, as acknowledged above, the defendant changed B's loan to the stephyp loan in accordance with the notification of the National Federation of Korean Federation of Korean Federation, and only changed B's loan to the stephyp loan.