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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. From October 2015, the Plaintiff, as the representative director of D (hereinafter “D”) from around several occasions, made a transaction in which the Defendants or Defendant B’s spouse (hereinafter “Defendants, etc.”) borrowed personal money and repaid it, or the Defendants, etc. extracted and disposed of gold, silver, etc. from the wastes purchased from the Defendants, etc. in exchange for the purchase of D’s waste, and then paid the investment principal and fees equivalent to 3% or 6% of the said investment principal and fees (hereinafter “investment principal and fees”).
B. Of that, the Plaintiff agreed to borrow 200 million won from E on March 22, 2017 as interest rate of 200 million won, and as of March 22, 2018, respectively, and agreed to borrow 100 million won on the same day and March 22, 2018, respectively, and received 10 million won from Defendant B on May 18, 2017, respectively, and agreed to borrow 2% interest rate of 150 million won from Defendant B on May 17, 2018, and received 93 million won from the same day, and 50 million won from the same month.
C. On March 31, 2017, the Plaintiff and the Defendants entered into a mortgage contract with the Defendants regarding the instant real estate in order to secure all the obligations arising from commercial transactions, such as a loan, issuance, endorsement, bond obligations due to the guarantor, check money, and the maximum debt amount, and the mortgage contract with the Defendants on the ground that the Plaintiff and the Defendants completed the registration of the establishment of the instant neighboring mortgage against the Defendants.
Defendant B demanded on September 4, 2017 that the Plaintiff pay the total amount of KRW 470,652,340,000 to the Plaintiff by September 10, 2017, the Plaintiff requested that Defendant B suspend the repayment period until September 2017, and until October 2017, Defendant B paid KRW 100,000,000,000,000,000 from the said investment until September 11, 2017. Defendant B demanded that Defendant B pay the repayment period until the end of 2017.