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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. On July 9, 2013, the Defendant loaned KRW 1,020,00,00 to the non-party company as repayment period of KRW 1,020,00 to the non-party company on September 30, 2013, and 2.5% (payment on September 30, 2013) of interest month (payment on September 30, 2013) to the creditor, non-party company D (hereinafter “non-party company”) as joint guarantor, and the non-party company and joint guarantor fail to perform the above obligation, the non-party company is aware that there is no objection even if compulsory execution is enforced, and the non-party company provided 18 machinery such as private typesetting and pressing (hereinafter “the machinery of this case”) owned by the non-party company as collateral for the purpose of guaranteeing the performance of the above obligation, the non-party company drafted a notarial deed of money loan for transfer (the notary deed No. 266, 2013, No. 238, Mar. 23, 2013).
B. The non-party company and the joint guarantor did not perform the obligation based on the instant notarial deed, and the defendant applied for a compulsory auction of real estate to the Suwon District Court C with the title of execution for the above notarial deed as the title of execution, with regard to the housing of 137 square meters in Suwon-si, Suwon-si, Suwon-si, and 2nd floor above
C. At the above procedure for compulsory auction (hereinafter “instant auction procedure”), the distribution schedule was prepared that distributes the amount of KRW 152,095,710 to Nonparty Yangyang Credit Union, a first-class collective security right holder, out of the amount of KRW 230,809,382 to be actually distributed on August 26, 2014, and KRW 78,713,672 to the Defendant, a second-class creditor, a second-class creditor. The Plaintiff raised an objection against the total amount of dividends to the Defendant, and filed the instant lawsuit on September 1, 2014, within seven days thereafter.
[Reasons for Recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 8 (including virtual numbers), the purport of the whole pleadings
2. The plaintiff's assertion
A. E, the representative director of the non-party company, who is the representative director of the non-party company, takes over H as belonging to the defendant's deception and takes over 850 million won from the defendant.