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1. The plaintiff's lawsuit against the defendant D shall be dismissed.
2. The Plaintiff:
A. Defendant B: 311,894,851 won and 280,000 among them.
Reasons
Basic Facts
E Loans to Defendant B and Defendant B, upon the Plaintiff’s introduction, leased KRW 60,000,000 on April 27, 2009 to Defendant B with the due date set at KRW 1,80,000 on August 30, 2009 and interest rate at KRW 1,80,000 (hereinafter “the first loan obligation of this case”); ② on July 7, 2009, leased KRW 20,000,000 as the due date for payment as of November 7, 2009 without interest agreement; and jointly and severally guaranteed by Defendant C.
(2) On July 20, 2009, E loaned KRW 80,000,00 to Defendant B on July 20, 2009 as the Plaintiff’s introduction without any interest agreement (hereinafter “third debt of this case”), Defendant B, and C, respectively, to E on the same day, a written statement of payment, stating that “The above KRW 80,000,000 shall be paid by the due date.”
After that, Defendant B repaid KRW 20,000,000 among the above loans to E on July 13, 2011.
On September 23, 2010, the Plaintiff and the Plaintiff’s wife, the Plaintiff, and the Plaintiff’s wife, have prepared a certificate of borrowing (Evidence 4-4), stating that “In the event that the Plaintiff and the F are not repaid by October 30, 2010, the sum of KRW 340,000,000 in total ( KRW 60,000,000 in total) and the sum of KRW 320,000,000 in loan funds of CCCF farming corporations, the sum of KRW 660,000 in total ( KRW 660,000 in total) and KRW 320,000 in total,00 in total, as a joint and several surety, were repaid by March 30, 201.”
On the other hand, on September 26, 2010, the Plaintiff and F had separately prepared a certificate of loan (Evidence A 4-5) stating that “the Plaintiff, as a principal debtor, repaid KRW 660,00,000 to F as a joint and several surety by October 29, 2010.”
E and Defendant B, on October 8, 2010, concluded a contract for sale and purchase of real estate owned by Defendant B and a contract for lease on a deposit basis with Defendant D, who was his father on October 8, 2010, and was the creditor who leased the instant 2 and 3 loans to Defendant B by this court No. 2010,000.