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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. (1) On April 14, 201, D loaned KRW 20,000,00 to C on June 14, 201 and December 2.5, 2014, with a maturity of KRW 20,000,00, and interest rate set at KRW 3.5%, and filed a lawsuit against C seeking the payment of the said loan under inside support of the Suwon District Court No. 2013Ga3524, Sept. 26, 2013 with the above court rendered a judgment that “C shall pay KRW 20,000,000 to D as well as 30% per annum from April 14, 201 to September 11, 2013, and 20% from the next day to the day of full payment,” and the above judgment became final and conclusive on September 15, 2013.
(2) On May 9, 2014, D transferred the above loan claims to the Plaintiff, and the Plaintiff, on behalf of D, assigned the same year.
7.7. The assignment of claims was notified to C.
B. On January 9, 2013, C borrowed KRW 300,000,000 from the Defendant at maturity of February 8, 2013 and 4% of interest per annum (39% per annum) from the Defendant. At the time of signing a real estate sales contract, E and F, etc., jointly and severally guaranteed C’s above loan obligation to the Defendant.
(2) On January 10, 2013, C and F purchased 1/2 shares of H 12384 square meters of forest land in Jeju, Jeju-si, and completed the registration of ownership transfer with respect to each of 1/2 shares on the 11th of the same month. On January 10, 2013, the Defendant entered into a pre-sale agreement with respect to the shares held among the instant real estate, and completed the registration of ownership transfer on April 2, 2013. On January 11, 2013, the Defendant completed the provisional registration of the right to claim for share transfer on the 11st of the same month.
1. The transfer registration of ownership was completed to the defendant on the grounds of the contract of 11.
(3) Meanwhile, around early 2013, C owned 5,00 shares out of the total 10,000 shares of E Co., Ltd. (hereinafter “E”), and I owned 4,000 shares and 1,000 shares by J respectively.
C, on March 7, 2013, which had been the representative director of E at the time, agreed to transfer 10,000 shares of E, including shares in I, to the Defendant at KRW 700,000,000.