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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. Basic facts
A. On October 30, 2003, the Seoan Fisheries Cooperatives (hereinafter “Yanananan Fisheries Cooperatives”) received a payment order (hereinafter “instant payment order”) with the content that “the Plaintiff shall pay 6.8 million won to the Seoan Fisheries Cooperatives and 12.8% per annum from May 28, 2003 to May 31, 2003, and 20% per annum from the next day to the date of full payment” (hereinafter “instant payment order”) and the payment order was finalized on November 15, 2003.
B. On December 18, 2004, the Plaintiff and the Soan Bank: (a) signed a notarial deed of money loan agreement for collateral security (hereinafter “notarial deed”) with the content that “in order for the Plaintiff to borrow KRW 100 million from the Soan Bank at the maturity of payment on December 17, 2005 and interest rate of 10.5% per annum (interest rate of 19% per annum) on December 17, 2005; and (b) to secure the obligation to repay borrowed money, the Plaintiff and the Soan Bank provided 150,000 US dollars in the Jeonnam-do D Land Farming Order (hereinafter “D Form”) owned by the Plaintiff as a collateral for transfer to the Soan Bank; and (c) if the obligation is not fulfilled, it may accept the compulsory execution of the soan agreement, and if the Soan Bank disposes of the land before the maturity of payment, it may appropriate it for the repayment of the obligation.”
C. From February 2, 2005 to January 23, 2006, the Plaintiff sold KRW 40,370,000 in total amount of KRW 20,000,00,000 in total, by receiving telephone orders from the D form and delivering the uniform via door-to-door transfer. From February 2, 2006, the Plaintiff transferred approximately KRW 60,000 in total,00 in total,00,000,000 in total, which were in the form of D from February 2, 2006.
When the Plaintiff delayed the fulfillment of the obligation to return the borrowed amount in accordance with the No. 1 No. 1 notarial deed of this case, the No. 1 notarial deed of this case as the title of execution on July 25, 2006 by Gwangju District Court Maritime Court 2006No. 605.