대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
The Plaintiff is a financial institution, and the Defendant was the representative director of B Co., Ltd. (hereinafter “B”).
On November 26, 2003, the Plaintiff loaned each of the loans of KRW 1 billion to the Defendant, and KRW 1 billion on December 24, 2003 (hereinafter collectively referred to as “each of the loans of this case”), and all interest was set at 1% per month and due date on June 30, 2004.
At the time of lease, each of the loan certificates that the Defendant prepared to the Plaintiff (hereinafter “each of the loan certificates of this case”) stated that “3. The offer of security for this case shall be provided at the time of completion of the company house in Gangnam-gu Seoul Metropolitan Government C(B).”
On January 9, 2004, the Plaintiff lent KRW 1 billion to B, and the interest rate was set at 1% per month and on August 31, 2004.
B on March 13, 2004, for the guarantee of each of the above obligations, B and its site (Seoul Gangnam-gu) were registered as joint collateral by the debtor B and the maximum debt amount of 3 billion won.
B The commencement of composition procedure B was decided on May 25, 2004 by Seoul Central District Court Decision 2004Hu19 on May 25, 2004, and the same year.
8. 26. The decision to authorize composition was made;
9. 14. Finality was established.
In the composition case against B on July 5, 2004, the Plaintiff reported the debtor's and the debtor's credit amount of 2 billion won on November 26, 2003 and the credit amount of 2 billion won on December 24, 2003 and the debtor's credit amount of 1 billion won on January 19, 2004.
B On September 26, 2006, the report on the performance status of composition conditions entered the matters related to the obligations of the Plaintiff as follows:
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