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All of the plaintiffs' claims are dismissed.
The costs of lawsuit shall be borne by the plaintiffs.
Reasons
1. Basic facts
A. On December 201, the Defendant, as the introduction of Plaintiff A, lent 30 million won interest per month on the part of E Co., Ltd., the actual operation of D and D, and 2.23 billion won due on June 30, 2012, respectively (hereinafter “instant loan”); and on June 18, 2012, the Defendant drafted to the Defendant a written statement to the effect that “the Defendant will be held liable for 50% monetary liability for the unpaid money out of the instant loan.”
B. As the Defendant was unable to receive the instant loan from D until June 30, 2012, the Plaintiff entered into a mortgage agreement with the Defendant on July 2, 2012, stating that “The Plaintiff provided each real estate listed in the separate sheet to the Defendant prior to the collection of the instant loan by the Defendant, and the Defendant, if the Defendant collects the instant loan, shall immediately cancel and cancel the creation of the collateral security agreement provided by the Plaintiff A. If the Defendant collects the instant loan, the Plaintiff shall be liable for the Defendant’s damages to the instant loan (hereinafter “the agreement of July 2, 2012”).” As to each real estate listed in the separate sheet listed in the Plaintiff’s spouse B, the Plaintiff entered into a mortgage agreement with the Defendant, the obligor, and the maximum debt amount as KRW 1 billion (hereinafter “instant mortgage agreement”). Accordingly, each of the Defendant’s claims for the establishment of the mortgage registration was recorded in the future on July 5, 2012.
(hereinafter referred to as “the instant collateral security” and “the establishment registration of the instant collateral security”).
The Defendant was subsequently unable to receive the instant loan and interest from D, and Plaintiff A was jointly and severally liable for the instant loan on April 15, 2016, and the Plaintiffs paid KRW 1 billion to the Defendant on December 12, 2017 as the collateral obligation of the instant mortgage by December 30, 2017.