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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are found either in dispute between the parties or in full view of the respective descriptions of evidence A Nos. 1, 4 and 1, 2, 2, and 5 and the purport of the entire pleadings:
A. On June 29, 2012, Nonparty B, C&C (hereinafter “C&C”), and D&D Co., Ltd. jointly issued to the Plaintiff a promissory note with a face value of KRW 1,683,00,000, the payee, and the due date of December 31, 2013, respectively, with respect to the instant promissory note as to the Plaintiff on the same day, a notary public drafted a notarial deed with respect to the instant promissory note with a view to recognizing compulsory execution under the instant promissory note as a law firm B/C No. 516 on the same day.
B. Meanwhile, L&C lent KRW 19,00,000,000 to the Defendant for the purpose of lending funds for urban development projects in G&C area (hereinafter “instant project”) to the Defendant (hereinafter “instant loan”).
C. The Plaintiff, who is the issuer of the Promissory Notes, B, C&C, and C&D S, did not pay the amount of the Promissory Notes in accordance with the Promissory Notes. As such, the Plaintiff applied for a seizure and collection order on the instant loan claims against the Defendant of C&C with Seoul Central District Court 2016TT No. 208497, Sept. 13, 2016, and issued a seizure and collection order on September 21, 2016 on the part of the instant loan claims, which is the principal of the instant Promissory Notes No. 1,683,00,000, among the instant loan claims, from the said court (hereinafter “instant seizure and collection order”), and the above seizure and collection order reaches the Defendant on September 21, 2016.
2. Determination
A. As to the cause of the claim, the Plaintiff, after obtaining authorization for designating the land scheduled for substitution as to the instant project after the instant lease contract, was executed by the Defendant.