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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. E entered into a contract with C on August 13, 2013 when operating Frant by lending the name of D, and the notary public certified by Law Firm Franchis No. 4498 from 2013.
B. The down payment of KRW 20 million under the above transfer contract was prepared by the Defendant A, and even thereafter, the Defendant A added the amount of KRW 20 million with the Fmate Operation Fund.
C. On August 27, 2013, D, E, and Defendants drafted a notarial deed for a loan for consumption of money by means of security (hereinafter “notarial deed of this case”) with the content that a notary public would receive, as security, the movables listed in the separate sheet (hereinafter “the instant corporeal movables”) on July 27, 2013 by setting the date of repayment as the Defendants, as the Defendants, D and C, and the obligor as the agent of the obligor holding concurrent office, using the certificate of the personal seal impression and power of attorney C, and the date of lease, as the agent of the obligor.
Defendant B transferred KRW 20 million to Defendant A’s account at the time of the preparation of the notarial deed of this case, and Defendant A paid it to C through the parent’s account in the name of Defendant A.
E. The Defendants are as follows.
At the same date, at the same time and place as Paragraph 1, a letter was drawn up to the effect that “The debtor D, among the contents of the Notarial Deed, is not liable to pay D the increased debt and the amount of debt without claiming D. Special matters: No claim is made against D except the portion of the Notarial Deed.”
F. E, around August 30, 2013, incorporate the Fran in the name of D into G Co., Ltd. (Representative D) and converted into a corporate system, and completed business registration around that time.
G. The Defendants executed a seizure of the instant corporeal movables on September 12, 2013.
H. C prepares the minutes of the board of directors’ meeting as of September 10, 2013 to the effect that “All facilities, displayed goods, etc. in the company G shall be sold to Hah Construction Co., Ltd. for KRW 130,000,000,000.”