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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On July 13, 199, Jeju Bank Co., Ltd.: (a) lent each of the above obligations to E on July 13, 199; (b) KRW 50,000,000 on May 31, 200; and (c) jointly and severally guaranteed each of the above obligations as KRW 26,00,000,000, and KRW 65,000.
E lost the benefit of time due to its failure to repay in accordance with the repayment agreement, and Jeju Bank transferred the above claim to the Plaintiff on November 30, 200.
F On April 4, 2010, there are Defendant B, C, and D, the wife of the Defendant A, C, and D.
[Reasons for Recognition] Unless there are special circumstances to the contrary, the Defendants are obliged to pay the guaranteed debt to the Plaintiff according to their respective inheritance shares within the limit of the total guarantee limit.
2. The Defendants’ defenses raised by the Defendants are defenses that the said guaranteed obligation expired by the statute of limitations, and thus, it is apparent that the Plaintiff filed the instant lawsuit on November 30, 200 and March 3, 2016 after five years from the date when the Plaintiff acquired the guaranteed obligation claim against F from the Jeju Bank. Therefore, the said claim had already expired prior to the filing of the instant lawsuit.
As to this, the Plaintiff asserts to the effect that the statute of limitations has been interrupted on October 5, 2012, as the primary debtor E, included the Plaintiff’s claim in the list of creditors at the time of being declared bankrupt on October 5, 2012 ( Jeju District Court 2012Hadan81) and immunity on December 28, 2012 ( Jeju District Court 2012Da81).
Article 171 of the Civil Act provides that participation in bankruptcy procedures shall be a cause for interrupting extinctive prescription, and Article 32 subparagraph 2 of the Debtor Rehabilitation and Bankruptcy Act (hereinafter “Act”) also provides that participation in bankruptcy procedures shall have the effect of interrupting prescription. In general, participation in bankruptcy procedures means that an obligee files a report on his/her claim in order to join a bankruptcy estate in accordance with Article 32 subparagraph 2 of the Act and Article 447 of the Act.