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1. The plaintiff's action against the defendant C, E, and F shall be dismissed, respectively.
2. Defendant B and D shall be jointly and severally owned by the Plaintiff KRW 300,000,000.
Reasons
1. Basic facts
A. A medical corporation G (hereinafter “G”) is a non-profit medical corporation established on April 8, 2005, with the purpose of establishing and operating a medical institution and contributing to the improvement of public health through research and development on health and medical services.
Defendant B was the chief executive officer, Defendant D, the chief executive officer, and the Plaintiff, and the remainder of the Defendants and H were directors and doctors of G.
B. The Plaintiff lent to G the sum of KRW 500 million on May 11, 2006, KRW 100 million on July 28, 2006, KRW 100 million on July 31, 2006, KRW 100 million on December 20, 2006, KRW 100 million on October 5, 2007, and KRW 500 million (hereinafter “the instant loan”).
C. On October 31, 2007, the Defendants and H drafted a certificate of borrowing that provides joint and several sureties with respect to the instant borrowed money (hereinafter “the instant loan certificate”).
In the above loan certificate, the agreement was set at 30% per annum from the date of deposit, and 20% per annum from November 1, 2007.
The Plaintiff received reimbursement of KRW 200 million out of the above KRW 500 million.
E. On May 11, 2012, Defendant C filed an application for adjudication of bankruptcy and exemption pursuant to the Daegu District Court Decision 2012Hadan2354, 2012Ha2, 2354, and was declared bankrupt on October 26, 2012, Defendant C received a decision of exemption on November 18, 2014, and the said decision of exemption became final and conclusive on December 3, 2014.
Defendant E, on May 3, 2012, filed an application for adjudication of bankruptcy and exemption pursuant to the Daegu District Court Decision 2012Hadan2206, 2012Ha2, 206, was declared bankrupt on September 13, 2012, was decided to grant exemption on November 18, 2014, and the said decision on exemption became final and conclusive on December 3, 2014.
Defendant F, on March 22, 2012, filed an application for adjudication of bankruptcy and exemption under the Daegu District Court Decision 2012Hau1458, 2012Hau1458, 1458, and was declared bankrupt on August 14, 2012; Defendant F was determined exemption on December 30, 2013; and the aforementioned exemption decision became final and conclusive on January 14, 2014.
Defendant C, E, and F did not enter their claims and obligations related to the borrowed amount in the list of creditors of their declaration of bankruptcy and exemption cases.
[Reasons for Recognition] Defendant D: