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1. The plaintiff's lawsuit against the defendants is dismissed in entirety.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) From August 2006 to June 2010, the Defendants loaned a total of KRW 48.4 billion to L Co., Ltd.: KRW 6 billion; KRW 3.4 billion; KRW 3.4 billion; KRW 3.4 billion; Defendant Co., Ltd.; KRW 4.6 billion; KRW 5.6 billion; Defendant E Co., Ltd.; KRW 6.6 billion; KRW 6 billion; KRW 6 billion; KRW G6 billion; Defendant H Co., Ltd.; KRW 6.6 billion; KRW 6 billion; Defendant I Co., Ltd.; KRW 6.6 billion; and Defendant J1.4 billion; and Plaintiff Co., Ltd. (hereinafter “M”).
The above loans were jointly and severally guaranteed by the Defendants. On the other hand, M is an O Urban Development Project Association established from March 2003 to promote an urban development project of Ulsan-gun Nwon from Ulsan-gun. (hereinafter “O Association”).
() After concluding an entrustment contract with regard to the above urban development project, the said urban development project has been implemented. However, on July 22, 2011, the Defendants, as joint and several surety creditors of M, subrogated M to M, shall be deemed as “13,353,54,186 won out of the claim for compensation for losses or the claim for return of unjust enrichment against M’s O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O-O
(2) On April 27, 2012, the foregoing provisional attachment ruling was served on the OF on July 26, 201. (2) The OF deposited KRW 13,353,54,186 in the Ulsan District Court deposit amounting to KRW 13,353,54,186 in order to revoke the execution of provisional attachment No. 1 on April 27, 2012 ( Ulsan District Court Decision 2012No. 1771; hereinafter referred to as the “OF District Court’s right to claim recovery of the deposit amount”), and accordingly, received a decision to revoke the execution of the provisional attachment on April 27, 2012.
(Ulsan District Court 2012Kala409). (b)
The Defendants’ title of enforcement, seizure and collection order of the Defendants, 1 of the collection order, was provisionally seized on June 29, 201.