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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The Plaintiff, through Defendant C, lent KRW 40 million and KRW 300 million to D (hereinafter referred to as “D”), respectively, and additionally lent KRW 350 million on June 1, 2002 to Defendant C, and received a cash custody certificate in the name of Defendant C as to KRW 1 billion in total.
Then, around August 2002, the Plaintiff received from Defendant C a certificate of borrowing that 1.35 billion won in total (hereinafter “the instant loan”) and 50% in return for further lending KRW 300 million to D (hereinafter “the instant loan certificate”) from D and received the signature from D.
The letter of loan of this case is accompanied by the signature of the representative director of E and Defendant B at the time following the name of D and the official seal of each representative director of E and Defendant B.
Meanwhile, the Plaintiff brought a principal lawsuit against the wife F to divorce and division of property, and received a counterclaim from F to divorce and division of property (Seoul Family Court 2005dhap4970 (principal lawsuit), 2005dhap4987 (Counterclaim)). On August 23, 2007, the said court rendered a judgment that the Plaintiff and F shall have divorced by a counterclaim, and that the Plaintiff shall divide the property to F.
On October 28, 2008, the appellate court (Seoul High Court 2007Reu1746, 2007Reuu1753 (Counterclaim), 2008Reuuuuuu1576 (Interim Confirmation), 2008 Reuuu1972 (Interim Confirmation))) appealed from the Plaintiff. On October 28, 2008, the appellate court (Seoul High Court 2007Reuuu1746 (Main Confirmation)) decided that the Plaintiff’s guarantee claim against Defendant C was included in the Plaintiff’s active property in division of property on the ground that Defendant C guaranteed the debt of the loan of this case by signing the loan of this case. The appellate court (the intermediate confirmation) rendered a judgment on October 28, 2008 that the Plaintiff’s guarantee claim against Defendant C was included in the Plaintiff’s positive property in division of property, and the appellate court (the intermediate appellate court 2008Meu3433 (Interim Confirmation) of 2019).
(hereinafter referred to as “related lawsuit” in the above divorce and division of property). [The grounds for recognition] of the absence of dispute, entry of Gap 1 through 6 evidence, and pleadings.