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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
가. 원고들의 D에 대한 물품대금채권의 발생 1) 원고 A은 2014. 6. 1. 토목건축공사업 등을 목적으로 설립된 회사인 D 주식회사(변경 전 상호 : E 주식회사, 이하 ‘D’라 한다
B) Between the Plaintiff and the Plaintiff entered into a contract for the supply of goods with the contents of continuous supply of goods, such as machinery failure and steel bars, and F, the representative director of D, jointly and severally guaranteed the above D’s obligation for the payment of goods. (2) The Plaintiff supplied goods, such as steel bars, to D in accordance with the above contract for the supply of goods.
D and F, December 4, 2015, the Plaintiff drafted a notarial deed stating that “D will repay 794,773,253 won to Plaintiff A by December 10, 2015, as of December 4, 2015, as of December 4, 2015.”
3) On November 25, 2015, Plaintiff B entered into an agreement on the supply of ready-mixed with D and supplied ready-mixeds. D settled the amount of 300,000,000 won between Plaintiff B and Plaintiff B on November 25, 2015, and issued to Plaintiff B a promissory note of 300,000,000 won at face value. 4) On the other hand, D was treated as dishonor on December 1, 2015.
B. D’s loan claims against G were created on August 20, 2013 between G Co., Ltd. (former trade name: H Co., Ltd.; hereinafter “G”), a company established for the purpose of real estate sale and lease business, etc., and “D lends KRW 2,700,000,000 to G,” and “G shall pay KRW 1,000,000 out of the said money until December 31, 2013, G shall be paid KRW 1,70,000,000 until June 30, 2014, and the interest shall be calculated at the interest rate of 3% per annum from October 1, 2013, and the said obligation of G Co., Ltd shall be paid at the interest rate of 1,000,000,0000 as loan obligation.”
Accordingly, D from August 28, 2013 to September 5, 2013, lent a total of KRW 2,686,00,000 to G.
C. Progress 1) G is the real estate listed in [Attachment 1] real estate list on September 5, 2013 (hereinafter “the real estate list”).