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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. Basic facts
A. The purpose of the Company E (formerly, “stock company C”, “stock company D”, “non-party company”) is to collect marine wastes, and interim disposal of construction waste, etc.; the Plaintiff, from the non-party company, was a director from March 7, 2005 to August 5, 2008 and an auditor from March 24, 2011 to October 26, 2011, respectively.
B. On May 19, 201, the non-party company borrowed KRW 200 million from the defendant and decided to borrow KRW 200 million from the defendant on May 30, 201, and on May 19, 201, the aggregate of KRW 200 million borrowed from the defendant on May 19, 2011, the defendant and the non-party company borrowed KRW 400 million from the defendant on May 30, 201 as the maturity date for payment (hereinafter the above loan of the non-party company is referred to as "the loan of this case" and the above loan of KRW 400 million was borrowed from the defendant on May 30, 201 (hereinafter referred to as "the loan of this case"). On the 20th day of each month, the non-party company agreed to provide the provisional registration (the building, machinery and apparatus of the non-party company), together with the permission for construction wastes of the non-party company, and all of the terms and conditions of the agreement to transfer the company (hereinafter referred to "the non-party company").
C. Meanwhile, on May 18, 2011, in relation to the instant loan, the Nonparty Company completed the registration of the right to claim ownership transfer on May 18, 201 as to each of the real estate listed in [Attachment 1] List 3 through 5 (hereinafter “real estate owned by Nonparty Company”) owned by Nonparty Company to the Defendant on May 18, 201, with respect to each of the real estate listed in [Attachment 1] List 1 and 2 (hereinafter “each of the instant real estate”) owned by the Plaintiff, and the Plaintiff completed the registration of the establishment of the right to claim ownership transfer on May 30, 201 as to each of the real estate listed in [Attachment 1] List 1 and 2] owned by the Plaintiff to the Defendant on May 30, 2011.