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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company whose main purpose is food trade business, agricultural products trade business, grain wholesale and retail business, etc., and Defendant B is one of the representative directors of the Plaintiff [the representative director of the Plaintiff is the above Defendant and 42 persons appointed as representative in the instant lawsuit (this court is 2016 non-conforming30138)]; and Defendant C is the wife of Defendant B.
B. Defendant B remitted totaling KRW 230 million to the Plaintiff over three occasions on November 13, 2015 and November 25, 2015 and December 1, 2015, where the Plaintiff’s financial situation is difficult.
C. After Defendant B transferred a loan claim of KRW 230 million against the Plaintiff to Defendant C, Defendant B, as the representative director of the Plaintiff, prepared a notarial deed of debt repayment contract (Quasi-Loan for Consumption) between the Plaintiff and the Defendant C, with the following content as the notarial deed of E notary joint office No. 118 (Quasi-Loan for Consumption) in the name of the Plaintiff.
On June 10, 2016, the Plaintiff approved that the Defendant bears the obligation of KRW 230 million with the amount of credit transfer and takeover, and offered to pay the obligation in accordance with the following provisions.
Article 2 (Period of Repayment) The principal shall be repaid by June 23, 2016.
No interest shall be accrued. If the obligor has forfeited the benefit of the time limit or the time limit after the due date, the obligor shall pay damages for delay at the rate of 10% per annum from the date of full payment of the principal and interest thereafter.
Defendant C is the sum of KRW 231,370,674, and KRW 230,000 per annum from June 24, 2016 to July 11, 2016, and KRW 1,260,274, and KRW 110,400 per annum from June 24, 2016 to July 11, 2016.
B obtained each claim seizure and collection order (No. 2016TT 12590, 13663) against the Plaintiff’s deposit claim against the new bank, new bank, the Plaintiff’s claim was collected in total of 146,069,460 won.
E. Meanwhile, the Plaintiff’s invalidity of the notarial deed of this case.