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The claim of this case is dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. D and E are the Plaintiff’s parents, and F are the Plaintiff’s punishment.
(hereinafter referred to as "the plaintiff's family members") E is the representative director of G Co., Ltd. (hereinafter referred to as "G"), D is the auditor of the above company, and F is the internal director of the above company.
B. On December 19, 201, the Plaintiff borrowed KRW 500 million from the Defendant at the interest rate of 1.5% per month. On December 20, 201, the Plaintiff made a registration of creation of a neighboring mortgage (hereinafter “instant registration”) with respect to the Defendant with respect to the amount of KRW 2,149 square meters of the corrected Manam-si C forest land in Sungnam-si, the Plaintiff and the maximum debt amount of KRW 600 million, and D jointly and severally guaranteed the Plaintiff’s debt against the Defendant on December 19, 201.
C. On April 30, 2012, the Plaintiff borrowed KRW 300 million from the Defendant at an additional rate of 1.5% per month. On September 8, 2011, the Plaintiff determined the aggregate of KRW 400,000,000,000,000 from the Defendant, as the maximum amount of debt, KRW 700,000,000,000,000,000,000,000,000 won per annum and KRW 1,175,000,000,000,000,000,000,000,00
D on June 19, 2012, the Defendant borrowed KRW 300 million additionally, and F borrowed KRW 200 million from the Defendant on November 9, 2012.
E. On January 5, 2015, the Defendant received the registration of partial transfer of the right to collateral security for KRW 1.5 billion from D, among D’s right to collateral security for five parcels of Gwangju City I and five parcels.
F. On April 6, 2015, the Defendant transferred to J the secured debt of the right to collateral security established on H 1,175 square meters and the second floor on the ground of the right to collateral security established on the apartment house in Seongbuk-gu, Sung-gu, Sungnam-si, and the Plaintiff and D approved it on the same day.
G. On July 5, 2017, the Defendant agreed to receive KRW 1 billion out of KRW 2.19 billion on July 6, 2017, and the balance KRW 1.19 billion on September 30, 2017, with the purchase price of the land, G, D, E, and F (as in the foregoing paragraph, the Defendant, other than K, was transferred from D) other six parcels of land (as in this paragraph, the collateral security right on the remaining six parcels of land except for K).