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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. Upon delegation by the Defendant Company, C issued and delivered, on January 21, 2015, a promissory note of KRW 300,000,000, at the face value of the Defendant and C as joint issuers, and the Plaintiff as the Plaintiff. A notary public, with respect to the said promissory note, made and issued a notarized bill No. 10, 2015, with respect to D’s instrument.
B. Upon delegation from E (the representative director of the Defendant Company) and F, in 2015, C prepared and executed a notarial deed of money loan agreement with the purport that “The Plaintiff, on January 26, 2015, lent KRW 300,000,000 to C, E, and F on February 28, 2015, the due date for repayment was 10% per annum, and C, E, and F delayed repayment of principal or interest, shall pay damages for delay plus 25% per annum if the repayment of principal or interest was delayed, and if the said monetary obligation was not performed immediately, it shall be acknowledged that there was no objection even if there was no objection.”
C. On October 19, 2016, the Plaintiff and C drafted a written agreement with the following content:
(hereinafter “the instant agreement”). (1) C shall set up a right to collateral security with the maximum debt amount of KRW 150 million in land and building owned by G located in the Incheon Cheongjin-gun, Incheon, with the maximum debt amount of KRW 150 million, and the said amount shall be paid to the Plaintiff with the loan from the bank within December 15, 2016 and the establishment of the right to collateral security shall be terminated.
(2) In addition to paragraph (1), C shall be paid KRW 25 million within December 31, 2017, and for security, it shall be granted by establishing a collateral security right on the age of 1 I building owned by E.
③ At the same time, the establishment of the right to collateral security under the provision of paragraph (1) is completed, the Plaintiff fully withdraws the compulsory execution under subparagraphs 10 and 11, 2015, and return the entire notarial deed to C, and C withdraws both the civil and criminal complaints against the Plaintiff.
(4) If any of the matters under paragraph (1) is not complied with on the date of promise, C shall be liable for damages at the rate of 20% per annum from the date of delay.