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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged by comprehensively taking account of the whole purport of the arguments in the statements in Gap evidence 1, evidence 2, evidence 2-1, 2, 3, and 4:
(1) On February 12, 2014, the Plaintiff and Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) concluded a monetary loan agreement with Nonparty Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) to transfer KRW 250 million to Nonparty Co., Ltd. at an interest rate of KRW 50 million per month and due date of payment on April 11, 2014. The Nonparty Co., Ltd as security against the Plaintiff, which is real estate listed in the attached Table No. 107, 504 (hereinafter “instant E Apartment”) owned by the representative director D’s spouse, as security against the Plaintiff. The Nonparty Co., Ltd. established a collateral security right against the Plaintiff, and concluded a monetary loan agreement to transfer KRW 20% out of Nonparty Co., Ltd.’s stocks owned by Nonparty Co. 42%.
B on the same day, the non-party company's debt against the plaintiff was jointly and severally guaranteed.
(2) On February 12, 2014, pursuant to the said monetary loan agreement, the Plaintiff deposited KRW 225 million in B’s account after deducting interest of KRW 25 million from the rate of KRW 50 million per month during two months. In other words, upon receiving a request for a monetary loan from the non-party company, the Plaintiff deposited KRW 50 million in B’s account on February 28, 201.
(3) On July 23, 2014, the non-party company paid the Plaintiff KRW 70 million as interest for the total amount of KRW 300 million, and paid KRW 50 million on May 15, 2015, and thereafter did not pay the interest and principal thereafter.
(4) On April 15, 2015, D, at the Plaintiff’s request, issued promissory notes with a face value of KRW 500 million at the Plaintiff’s face value, delegated the Plaintiff with a right to supplement blank notes, and then written and delivered a notarial deed concerning the said money loan agreement, promissory notes, etc.
B For the same month
8. As to the Plaintiff’s instant F apartment, the maximum amount of debt.