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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. The Defendant contracted with a company established for the purpose of building reinforced concrete, etc., for a new construction work of three rental apartments with three units on the ground of 14,240 square meters of two parcels, Jeonnam-gun, Jeonnam-gun, and 297 square meters of land (hereinafter “instant apartment”).
B. From October 2002, the Plaintiff subcontracted the mold construction among the new apartment construction works in this case from the Defendant and performed the said construction work for about four months, and accordingly, acquired the claim for the construction price against the Defendant.
C. On May 26, 2005, the Plaintiff drawn up a notarial deed of a monetary loan agreement between the Defendant and a notary public as the No. 2685, a law firm E number 2005, with a loan claim amounting to KRW 217,00,000.
On April 13, 2009, the Plaintiff served as the representative director of the Defendant from February 25, 2009 to December 13, 2010. On January 12, 2011, Gwangju District Court Decision 2010Kahap1394, the Plaintiff was appointed as the representative director of the Defendant’s representative director. However, on August 5, 201, the Plaintiff revoked the status of the acting representative of the Defendant. From June 24, 2005 to September 3, 2007, the Plaintiff filed an application against the Defendant for a payment order with the Defendant, claiming that “C jointly and severally guaranteed the above loan obligation,” with the amount of KRW 203,20,000,000,000, and at the rate of KRW 200,000,000 from September 24, 2005 to September 3, 207, the said court jointly and severally paid the amount of money to the Plaintiff from April 20, 2016, 20009.
In addition, on April 13, 2009, the Plaintiff applied for a payment order against the Defendant and C by asserting that “The Defendant lent KRW 217,000,000 to the Defendant on May 26, 2005, and C jointly and severally guaranteed the above loan obligation” (No. 2009Da4202), and the above court jointly and severally applied for the payment order against the Defendant and C on April 16, 2009.