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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. Basic facts
A. On September 5, 2012, Defendant C lent the name of Defendant B, a middle school shipowner, to acquire D’s assets (including management rights) between D and E (hereinafter “D”), and all rights (such as ownership of land and buildings, management rights, etc.) with respect to stocks and D, Daegu-gu F Hotel in which D was operated (hereinafter “instant hotel”) (hereinafter “instant hotel”) (hereinafter “instant contract”). KRW 12,700,000 (contract amounting to KRW 500,000,000 (payment date September 5, 2012), intermediate payment of KRW 1,200,000 (payment date), intermediate payment of KRW 1,20,000,000 (the remainder of payment date), KRW 11,000,000,000) (hereinafter “instant contract”).
B. On September 5, 2012, Defendant C issued to E the instant contract deposit and intermediate payment of KRW 800,000 at face value, KRW 1 of Promissory Notes with a bill number of KRW 700,000 at face value, KRW 700,000 at face value, KRW 1 of Promissory Notes with a bill number of KRW 700,000 at face value, KRW H, date of issuance, September 5, 2012, and KRW 1 of Promissory Notes with the due date of November 8, 2012 (hereinafter “each Promissory Notes”).
Each of the Promissory Notes of this case was issued by the Plaintiff who leased the hotel of this case from D and operated the wedding and restaurant. Defendant C received each of the Promissory Notes of this case from I, the representative director of the Plaintiff, and delivered it to E after receiving endorsement from Defendant B.
C. On October 23, 2012, D entered into a contract with J, etc. on the transfer of ownership of D’s shares, the hotel site, and buildings without rescission of the instant contract.
Meanwhile, on August 10, 200, the hotel site and the building of this case were put in a collateral trust with L Co., Ltd. (hereinafter “L”) to secure D’s obligation for loans to K Co., Ltd., but D delayed the repayment of principal and interest after June 11, 2012, and the public auction procedure was conducted from October 10, 2012, but failed eight times.
L Accordingly, on January 25, 2013, L sells the instant hotel site and building to M Co., Ltd. (hereinafter “M”), and to M on June 5, 2013.