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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who has engaged in wedding business under the trade name of “C”.
B. Defendant Korea-St Co., Ltd. (hereinafter “Defendant Korea-St”) decided to deliver livestock products, etc. to the Plaintiff. The Plaintiff paid KRW 30 million to the Plaintiff with a security deposit. In order to guarantee the return of the said security deposit, the Plaintiff approved the fact that a notary public bears the obligation to pay a loan of KRW 30 million to Defendant Korea-St on July 31, 2013 as the certificate of comprehensive law office written by a notary public, law firm, in order to guarantee the return of the said security deposit, that “the Plaintiff would pay the said loan by no later than December 31, 2014,” and issued the said loan to Defendant Korea-St with an executory exemplification of a notarial deed of debt repayment contract written by the notary public.
C. Defendant DDR and well-being Co., Ltd. (hereinafter “Defendant DDR”) agreed to deliver fishery products, etc. to C, and paid KRW 30 million to the Plaintiff as security deposit. In order to guarantee the return of the said security deposit, the Plaintiff approved the fact that a notary public, on October 4, 2013, assumed the Plaintiff’s obligation to refund the security deposit for transaction to Defendant DDR and issued the said security deposit to Defendant DDR by December 31, 2014, by preparing an authentic copy of the notarial deed of debt repayment agreement with the effect that “The Plaintiff would pay the deposit by December 31, 2014.”
As of July 5, 2013, the Plaintiff prepared and issued a letter of loan to the effect that “the Plaintiff would borrow KRW 20 million from the Defendant’s alcoholic beverage and pay the borrowed amount in twenty installments each month from August 9, 2013 to March 9, 2015,” which read that “the Plaintiff would repay the borrowed amount in twenty installments each month from August 9, 2013 to March 9, 2015.”
However, the plaintiff is entitled to pay the above installment.