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The plaintiff's claim is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. Claims against the Plaintiff C (hereinafter “C”)
1.Japan: 150,000,000 shall have borrowed and agree to:
2. Amount of KRW 50,000,000 on May 30, 2018, which is due and payable for 50,000,000 on May 30, 2019; and
3. Interest: No interest;
4. A) The obligee (A) provides, instead of the above borrowed money, a security with the creation of the right to collateral security with the debtor F in the G Storage Point Co., Ltd. (B) The obligor (F) provides a security right to this, and the obligee shall create the right to collateral security with respect to the principal.
5.If, as a matter of course, the benefit of time has been lost and all of the remaining obligations have been paid immediately and if it is impossible to do so, the obligee will be entitled to exercise the security right:
A) When the debtor and joint guarantor (C) have received provisional attachment, compulsory execution or application for bankruptcy or reconciliation from other creditors, with a view to paying KRW 50,000,000 per year for the credit loans of GGri Branch, and delay in the payment of interest on the credit loans of Gri Branch, Inc. at least twice per year; (b) when the debtor and joint guarantor (C) have violated the provisions of this Agreement at the time of receiving an application for bankruptcy or reconciliation from other creditors.
8. In the event that the debtor fully pays credit loans at the GGri Branch Co., Ltd., the debtor is required to terminate the right to collateral security against the creditor's security interest in GGri Branch
and after confirmation, the creditor will also terminate the right to collateral against the debtor's security.
9. The joint and several suretiess shall guarantee this obligation and shall be responsible for the performance of their joint and several obligations with the obligor.
10. The collateral security shall be terminated according to the repayment amount.
1) On June 2, 2017, the Plaintiff drafted a loan certificate with F and C as follows. 2) The Plaintiff, according to the said loan certificate, set up a collateral on June 2, 2017, with respect to HY and I building J or K, the maximum debt amount of KRW 180 million, as to the building J or K, Namyang-si Co., Ltd. (hereinafter “G bank”) owned by the Plaintiff.
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