배당이의
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Basic Facts
Plaintiff
On November 29, 2007, the plaintiff A, including the drawing up of A's loan certificate, borrowed KRW 30 million from the defendant and drawn up and delivered the loan certificate to the defendant.
Plaintiff
A on January 30, 2008, borrowed KRW 20 million from the defendant and prepared and delivered a certificate of borrowing to the defendant.
Plaintiff
A, on January 29, 2009, borrowed KRW 100 million from the Defendant and drawn up and delivered to the Defendant a certificate of borrowing that the sum of KRW 50 million borrowed as referred to in paragraphs (1) and (2) above is KRW 50 million until March 20, 2009.
Plaintiff
On August 2, 2010, A prepared and issued a loan certificate with the purport that “45 million won shall be borrowed from the Defendant, and if it is impossible to repay by December 31, 2010, the right to dispose of the five floors of the F Building (hereinafter “instant building”) of Guro-gu Seoul Metropolitan Government shall vest in the Defendant, and the Plaintiff A shall not file a civil or criminal objection” (hereinafter “the instant loan certificate”). On the other hand, A prepared and issued a new loan certificate with the Defendant on August 2, 2010, that the amount of the loan based on each of the respective loan certificates stated in paragraphs (1)--3) shall be terminated as a re-re-produced loan certificate and a confirmation confirming that it was terminated as a collateral.
Around December 2009, Plaintiff B Co., Ltd. (hereinafter “Plaintiff”) entered into a construction contract with G Co., Ltd. (hereinafter “instant construction contract”) with respect to the construction work that newly constructs a H-style house located in G Co., Ltd. (hereinafter “instant construction work”), the representative director of G Co., Ltd. (hereinafter “Plaintiff Co., Ltd”).
Based on the loan certificate of this case, the Defendant, including the Defendant’s provisional attachment and the establishment of a right to collateral security, filed an application for provisional attachment of real estate with the court 201Kadan7023 against Nos. 101, 401, 501, and No. 101, which are owned by the Plaintiff A, and received a decision of acceptance from the above court on March 17, 2011.
On April 20, 2012, the Defendant received from the Plaintiff a right to collateral security under the name of the Defendant with a maximum debt amount of KRW 200 million as to subparagraph 101 of the instant building on April 20, 201.