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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. The Plaintiff filed a lawsuit against Non-Party C (hereinafter “Non-Party C”) with the Jeonju District Court Decision 2016Gau1887, which decided on November 15, 2016 that “The Defendant (referring to the Non-Party Company) shall pay to the Plaintiff the amount equivalent to 18,181,820 won and the amount equivalent to 15% per annum from July 2, 2016 to the day of full payment.”
B. On October 4, 2016, the Defendant: (a) issued a loan certificate stating that KRW 30,000,000,000 on September 26, 2016 of the Defendant’s loan to Nonparty Company was 12% per annum; (b) on November 24, 2016, a notary public issued an executory deed of a monetary loan contract with the same content as the above loan certificate under the law firm D’s No. 201450, Nov. 24, 2016; and (c) on December 12, 2016, the Jeonju District Court issued an order for the attachment and assignment of the claim for construction payment related to the rearrangement project at the south of the Nonparty Company’s South Korea, and received dividends from the same court in the process of paying dividends of KRW 14,32,137 in the same court.
C. On February 2, 2017, the Defendant: (a) determined the Defendant’s loan of KRW 15,00,000,000 on January 24, 2017 with interest rate of 12% per annum; (b) obtained a receipt from the Nonparty on March 23, 2017 to the effect that the Defendant repaid the loan by March 23, 2017; (c) on March 27, 2017, a notary public prepared an executory deed of a monetary loan contract with respect to the same monetary loan contract as the above loan certificate’s entries under Articles 345, 2017 and 2017TT318 at the Southern District Court of Jeonju on April 4, 2017, under the order of seizure and assignment of the claim for construction payment under the contract for the maintenance project to North Korea-si Special Metropolitan City of the company, and received dividends of KRW 15,345,204 in the same court.
[Ground of recognition] Facts without dispute, Gap 1 and 2 evidence, respectively.