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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. Claim against the defendant B
A. On August 14, 2010, the Plaintiff’s assertion D prepared and delivered to the Plaintiff a certificate of borrowing that KRW 318.64 million, including the existing loan amount of KRW 250 million and interest, KRW 12% per annum and the due date of repayment on August 27, 2010 (hereinafter “the instant loan certificate”). At the time the Defendant B signed the above loan certificate as the guarantor, the Defendant B is liable to pay the Plaintiff the loan amount of KRW 318.64 million and the interest thereon, etc. as the guarantor.
B. The Plaintiff submitted the instant loan certificate as evidence to prove the Plaintiff’s assertion that Defendant B guaranteed the Defendant B’s obligation of borrowed money. However, in light of the criminal complaint and the lawsuit claiming the execution of the procedure for ownership transfer registration, etc. between Defendant B and D, the Plaintiff’s assertion (Evidence No. 6-1 and No. 9) that Defendant B directly signed on the instant loan certificate is difficult to believe, and otherwise, there is no evidence to prove the establishment of the authenticity of the Defendant B’s signature out of the instant loan certificate, and thus, it is insufficient to acknowledge the Plaintiff’s assertion as evidence. As such, the Plaintiff’s assertion is insufficient to further examine the Plaintiff’s assertion.
2. Claim against Defendant C or C, HUTTEX
A. (i) Defendant B, who is jointly and severally liable to the Plaintiff, concluded a sales contract with Defendant C on each real estate listed in the separate sheet No. 1 and completed the registration of ownership transfer in excess of the obligation, and Defendant C concluded a sub-sales contract with Defendant C C, and completed the registration of ownership transfer, thereby reducing joint security for creditors. The sales contract between Defendant B and the Defendant C constitutes a fraudulent act in relation to the Plaintiff, which is the obligee, and the registration of each transfer of ownership should be revoked.