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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 November 2, 2016, the Plaintiff prepared a notarial deed of a monetary loan agreement for consumption (hereinafter “notarial deed of this case”) with the content that “The Plaintiff, who represented C on behalf of C, lent KRW 464,00,000 to C on October 31, 2016 and C borrowed it on November 9, 2016 as the due date for repayment,” which read that “The Plaintiff borrowed KRW 464,00,000 to C on October 31, 2016, and C borrowed it.”
B. C’s transfer of claims to the Defendant: (a) A is a company substantially operated by G, the husband of the above E; and (b) B is an I building located outside H of Jung-gu Seoul Special Metropolitan City and seven parcels (hereinafter “instant building”).
Around August 25, 2015, C had priority rights equivalent to KRW 1.2 billion in relation to the instant building. around August 25, 2015, C requested D to sell 11 units of the instant building outside Jho Lake and 11 units of the instant building. Of them, K purchased the said 7 units of the said 7 units of the said 1,070,671,219 units on March 14, 2016 and purchased the down payment of KRW 99,730,000 on March 14, 2016, which was the contract date, and concluded a sales contract on May 13, 2016 with the Defendant for the payment of KRW 9,730,941,219 on May 2, 2016.
C jointly and severally guaranteed the obligation of K to the Defendant under the above loan agreement within KRW 300,00,00,000. On May 2, 2016, the Defendant and C concluded a contract on the transfer of the instant claim of KRW 300,000,000 among the claim claims, such as dividends, settlement money, and other monetary claims, against D related to the seven rooms where the public auction procedure is in progress among the instant building. At that time, C notified D of the said transfer of claim.
3 Around June 14, 2016, C requested the Defendant to distribute KRW 300,000 out of C’s preferential revenue due to the public auction in D.
The defendant received the above KRW 300,000,000 from D, and then appropriated the debt repayment, etc. by K on June 23, 2016, to C, the remaining KRW 96,531,148.