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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 July 2005, the Plaintiff leased KRW 220 million to Defendant Company B (hereinafter “Defendant Company”) (hereinafter “instant lease”). As to the land E (hereinafter “instant land”) owned by Defendant C, the Plaintiff completed the registration of creation of the right to collateral security (hereinafter “instant right to collateral security”) under the name of the Plaintiff (No. 11373, Jul. 25, 2005, the registration office of Changwon District District Court (No. 11373, Jul. 25, 2005) with the maximum debt amount at KRW 225,258,00.
B. On December 18, 2008, the Plaintiff and the Defendants set the interest amount of KRW 130 million from the date of the instant loan to December 18, 2008, and the Plaintiff, including the principal of the instant loan, lent KRW 350 million to the Defendant Company; however, the repayment period shall be December 18, 2009 and the delay payment rate shall be 25% per annum (no interest) respectively; Defendant C and D shall be the “notarial deed of a monetary loan agreement” (hereinafter “instant authentic deed”) with the purport of jointly and severally guaranteeing the Defendant Company’s obligation to return the said loan to the Plaintiff. Law Firm Franchis No. 17, 2008.
C. However, as the Defendants did not repay the instant loan, around February 2017, the Plaintiff applied for an auction procedure to exercise the security right based on the instant collateral security (Seoul District Court Jinwon Branch G), and on February 19, 2018, received dividends of KRW 147,79,509 (hereinafter “instant dividend”).
【Ground for recognition】 The fact that there is no dispute or no clear dispute, entry in Gap's evidence Nos. 1, 2, 3, and 6, the purport of the whole pleading
2. Determination as to the cause of action
A. The Plaintiff’s assertion as to the obligation to return the instant loan by February 19, 2018, which was the date of the instant dividend payment, = KRW 854,643,00 in total, = the amount agreed upon as to the interest of KRW 22,00,000 prior to the date of preparation of the instant authentic deed = KRW 130,000,000,000 as the repayment date of the instant authentic deed from December 18, 2009 to February 19, 2018, respectively.