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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 April 29, 2008, B, C, and D entered into a mortgage agreement with the Defendant with respect to each real estate listed in the separate sheet No. 1 attached to B owned by B, each real estate listed in the separate sheet No. 4, 5 of the separate sheet No. 2 attached to C, each real estate listed in the separate sheet No. 1, 2, and 3 of the separate sheet No. 2 owned by C, each real estate listed in the separate sheet No. 6, 7, and 8 of the separate sheet No. 2 owned by C, with respect to each real estate listed in the separate sheet No. 6, 7,000,000 under the name of the Defendant.
B. According to the aforementioned contract to establish a collateral security, the registration of establishment of the joint collateral security (hereinafter “mortgage of this case”) was completed with respect to each real estate listed in the separate sheet No. 1 and No. 17285, April 30, 2008, which was received on April 30, 2008 from the Suwon District Court, as the maximum debt amount of KRW 500,000,000, the debtor B and the mortgagee as the defendant.
C. On May 4, 2008, the Defendant: (a) lent KRW 1,732,509,853 annually interest rate of KRW 8% and delay damages by 24%; and (b) paid in installments the principal and interest of KRW 2,153,943,380 on a 64-month basis (including four-month grace period); (c) the Defendant entered into a loan agreement with the effect that “if the obligation is not performed on the expiration date of the lending period or the benefit under Article 9 of the Basic Terms and Conditions for Credit Transactions is lost, it shall pay damages for delay to the balance from that time” (hereinafter “the instant loan agreement”); and (d) accordingly, paid the loan.
The plaintiff, E (the representative director, appointed on July 9, 2007, and the resignation of the representative director on November 3, 2008) who is the representative director of Eul at the time of the plaintiff, ENel, and E (the resignation of the representative director on November 3, 2008) jointly and severally guaranteed the obligations under the loan contract of this
E. On November 13, 2008, Co., Ltd. sold each real estate listed in the separate sheet No. 1 to the Plaintiff in KRW 105,00,000,000. The seller, Co., Ltd., Ltd., (a seller), to pay all the obligations related to each of the said real estate.