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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. A limited liability company C (hereinafter “non-party company”) leased E in Yangcheon-gu Seoul Metropolitan Government D from F to operate a wedding hall. As the said building was sold to the Korea Broadcasting and Communications University D on February 24, 2015, F paid to the non-party company the settlement amount following the termination of the lease relationship.
B. On January 1, 2014, the non-party company issued to the Plaintiff and G a promissory note with a face value of KRW 500 million and the due date as of December 31, 2014. On January 2, 2014, when delay in the payment of the above promissory note, the non-party company prepared and issued a notarial deed (No. 1, 2014, a notary public’s notarial deed 2014) to the effect that no objection is raised even if he/she is subject to compulsory execution. On June 16, 2015, the Plaintiff received a collection order (Seoul Southern District Court Decision 2015Do9688) with respect to the claim against the non-party company F on the basis of the above notarial deed with a claim amount of KRW 200,025,300,000.
C. On June 11, 2015, the non-party company approved that the price for the goods unpaid as of June 11, 2015 is KRW 1,050,000,000,000, and the non-party company did not perform the above obligation until June 12, 2015. When the non-party company did not perform the obligation, the non-party company prepared and delivered a notarial deed of debt repayment contract (No. 442, 2015, the No. 442, the office of the general law office of this day; hereinafter referred to as "the No. 1 notarial deed of this case") that recognizes the non-party company's claim against the non-party company's F on the basis of the No. 1 notarial deed of this case, the non-party company received a collection order of KRW 1,064,383,561 (However, the amount of claim against the non-party company, the non-party company's non-party company's claims and the collection order were submitted to the court.
On June 3, 2015, Nonparty Company issued a promissory note with face value of KRW 129,930,900, and due date of July 26, 2015 to Defendant Pungju.