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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff was a corporation established on June 18, 2008 for the purpose of manufacturing environmental pollution prevention facilities, etc., and D was the representative director of the Plaintiff on November 2, 2010, and E was the Plaintiff’s internal director on July 7, 2011.
B. E transferred a total of KRW 224.5 million to D by July 6, 2011, including the transfer of KRW 50 million to D on June 1, 201, in order to make an investment in the Plaintiff Company upon D and F recommendations.
C. E demanded the Plaintiff and F to prepare a performance memorandum and notarial deed with respect to the return of the said investment amount. G on July 15, 201, between the Defendant and the Defendant, the wife, on behalf of the Plaintiff and F, drafted a notarial deed No. 1152 of C (hereinafter “instant notarial deed”). The key content of the instant notarial deed is as follows.
On June 1, 2010, the creditor (Defendant) lent KRW 400 million to the debtor (Plaintiff and F) and the debtor borrowed it.
Article 2 (Method of Performance) On July 15, 2013
Article 8 (Recognition of Compulsory Execution) When the obligors fail to perform the obligation under this contract, they recognized the absence of objection by the compulsory execution immediately.
Article 9 (Transferable for Security) In order to secure the performance of the above obligation, the ownership of the articles listed in the attached Table (attached Form omitted, hereinafter “the instant machinery, etc.”) in his/her possession was transferred to the creditor by means of an alteration of possession, and the creditor acquired it.
Article 16 (Relation to Compulsory Execution Officer) The establishment of this security agreement shall not interfere with the exercise of compulsory execution under Article 8.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, 2, 5, Eul evidence 1 to 3, Eul evidence 4-1 to 9, the purport of the whole pleadings
2. Defendant’s defense and judgment prior to the merits
A. According to the Defendant’s assertion in the instant notarial deed, the instant machinery, etc. was provided to the Defendant as security for transfer, and the instant machinery.