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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. On January 7, 2011, the Plaintiff filed a lawsuit against Jyang LND Co., Ltd. (hereinafter referred to as the “Janyang LND”), H, and I for a claim for the refund of the purchase price under the Incheon District Court 201Gahap395. In the said litigation proceedings, a settlement was concluded including that Jyang LND, H, and I shall jointly and severally pay to the Plaintiff KRW 335,250,000. On July 7, 2010, the settlement was completed with respect to each real estate indicated in paragraph (7) of the attached Table as indicated in the list, the maximum debt amount of which is KRW 300,000,000, the debtor, H, and the mortgagee as the Plaintiff, and the mortgagee as to each real estate indicated in the attached list No. 2,5,6,8 through 15 on November 30, 2011.
B. From February 1, 2010 to July 30, 2010, Defendant C entered into a contract to lend KRW 600,000,000 with the agreed interest rate of February 1, 2010 to July 30, 2010 (hereinafter the instant loan No. 1) and with the interest rate of arrears at the rate of KRW 4% per month (hereinafter the instant case’s loan No. 1), J, and H jointly guaranteed the above debt of Jyang LND on February 1, 2010. To secure this, Defendant C completed the registration of the establishment of a mortgage on each land of J, Incheon, M, N,O, P, Q, and R with the maximum debt amount of KRW 600,00,00,00,00,000 as the maximum debt amount of each of the instant land as indicated in the attached Table No. 320,000,000, the debtor, and the debtor, and the Defendant C’s collateral No. 37, each of this case.
C. From April 28, 201 to September 27, 2011, the Defendant C entered into a contract with the J and H to lend KRW 200,000,000 during the period from April 28, 2011 to September 27, 2011, with the agreed rate of KRW 2% per month, and with the overdue interest rate of KRW 5% per month (hereinafter “the instant secondary loan”). To secure this, the Defendant C jointly and severally guaranteed the instant debt of H. In order to secure this, the respective lands listed in the attached Tables 2 and 6 on April 28, 201, the maximum debt amount of KRW 300,00,000, the debtor, H, and the obligor.