1. Of the instant lawsuit, the claim portion of KRW 3,821,360 shall be dismissed.

2. The plaintiff's remaining claims.

1. Basic facts

A. On December 11, 2009, Korea-Japan Mutual Savings Bank was changed to a stock company future 2 Mutual Savings Bank; on September 30, 2010, it was changed to a company future 2 Savings Bank; on December 29, 201, and on December 29, 201, it was changed to Smaman Savings Bank.

(hereinafter “Nonindicted Bank.” On April 29, 2014, Nonparty Bank was declared bankrupt by the Seoul Central District Court No. 2014Hahap53 on the same day and appointed the Plaintiff as bankruptcy trustee.

B. On June 12, 2007, the non-party bank extended loans at the interest rate of 2 billion won per annum to Defendant A Co., Ltd. (hereinafter “Defendant Company”), 36% per annum, 30% per annum, and June 12, 2008 of the expiration date of the credit (after this, extended to June 12, 2009).

(hereinafter “instant loan”). Defendant B and C jointly and severally guaranteed the Defendant Company’s above loan obligations.

C. The principal of the instant loan was repaid on September 14, 2009; KRW 150 million on September 24, 2009; KRW 400 million on March 17, 2010; and was fully repaid.

The interest on the loan of this case was paid in full by July 10, 2008, and thereafter, the interest was paid in KRW 390,246,576 on March 17, 2010.

[Ground] Evidence Nos. 1 through 5, the purport of the whole pleadings

2. Determination

A. The Plaintiff’s assertion (1) The Defendants alleged to be the Plaintiff should jointly and severally pay to the Plaintiff KRW 524,317,806, which did not pay to the Plaintiff the interest and delay damages incurred between July 11, 2008 and March 16, 2010, KRW 16,559,485, totaling KRW 540,87,291, and KRW 3,821,360.

(2) The Defendants’ claim of the instant loans was extinguished upon repayment by D, a real borrower, on March 17, 2010, and the extinctive prescription has expired even if the said loans were not extinguished.

B. Of the instant lawsuit, the expenses necessary for the compulsory execution of the portion claiming KRW 3,821,360, out of the claim amount, shall be borne by the debtor, and the debtor shall be reimbursed preferentially in the relevant compulsory execution procedure.