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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. The real estate stated in the separate sheet No. 1 to 10 was the real estate owned by AU, and the real estate owned by AV as indicated in the separate sheet No. 11. On January 30, 2009, the AU and AV concluded a mortgage contract with the Korea Mutual Savings Bank, Promotion Mutual Savings Bank, Gyeonggi Mutual Savings Bank, Gyeonggi Mutual Savings Bank, and Japan Mutual Savings Bank, New Mutual Savings Bank, New Mutual Savings Bank, and Gyeongnam Mutual Savings Bank, with respect to each of the of the instant real estate (hereinafter “the instant superficies contract”) with each of the instant real estate within the scope of KRW 25 million with respect to the current and future credit transaction to be borne by the said bank (hereinafter “the instant mortgage contract”), and the superficies contract with the effect that the amount of all obligations arising from the credit transaction to be borne by the said bank shall be within the maximum of KRW 25 million with the maximum debt amount (hereinafter “the instant superficies contract”).
AU and AV, in accordance with each of the instant mortgage and superficies contract, completed the registration of creation of each of the following superficies with the head of Suwon District Court's Suwon District Court's registration office No. 11922 on February 3, 2009, and the registration of creation of each superficies was completed on the same day as the registration office.
B. On January 29, 2009, the non-party company received loans from Korea Mutual Savings Banks, Promotion Mutual Savings Banks, Gyeonggi Mutual Savings Banks, and Newan Bank, Japan Mutual Savings Banks, and Gyeongnam Bank at the interest rate of 11% per annum as follows:
(hereinafter referred to as “first loan”). After that, the repayment date of the first loan came on January 29, 2010, the non-party company is the Korea Mutual Savings Bank, Promotion Mutual Savings Bank, Gyeonggi Mutual Savings Bank, and the new lender, which are six banks, prior to the bankruptcy of three banks among the first lender.