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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On September 2010, the Plaintiff, D Co., Ltd. (hereinafter “D”), E Co., Ltd. (hereinafter “E”), F Co., Ltd. (hereinafter “F”), G, and H jointly issued to the Defendant a promissory note with a face value of KRW 500 million at face value, issue date, September 2, 2010; the addressee, the Defendant, and the place of issuance and payment; and on September 6, 2010, a notarial deed with respect to the Promissory Notes in question was written to the Defendant on September 6, 2010.
B. With respect to the Promissory Notes in this case, the Defendant prepared a written confirmation stating that “The amount of KRW 100 million shall be paid in total, and KRW 100 million on November 26, 2012, and KRW 50 million shall not be demanded any more after the completion of the amount of KRW 100 million” to H, and received KRW 100 million in fact.
In addition, the Defendant received dividends of KRW 70,384,751 in the aggregate of KRW 63,404,451 on November 29, 2013 and KRW 6,980,30 on October 1, 2014, and KRW 20,000 from F on December 12, 2013, and completed the registration of the establishment of a mortgage on the real estate listed in the attached list owned by Nonparty I (hereinafter “instant real estate”) from Nonparty I (hereinafter “instant real estate”), as the registration office of the Incheon District Court was received on February 5, 2014, as the maximum debt amount of KRW 162,00,000 and KRW 7501 on February 5, 2014.
(hereinafter “instant collateral security”). C.
In addition, on December 6, 2013, the Defendant received KRW 4,648,966 from the Plaintiff’s Plaintiff’s deposit claim by compulsory execution procedure for the Plaintiff’s deposit claim, and on August 17, 2015, the Defendant received KRW 330 million from the Plaintiff, and the Plaintiff shall be paid KRW 330 million from the amount of the claims and obligations of both parties, and the Plaintiff shall be paid KRW 330 million from the amount of the agreement. The Defendant shall withdraw the lawsuit and auction, etc. derived from the said amount and shall be deemed to have fully repaid. Both Parties shall not raise any objection against their lawsuits and judgments.