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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. 1) C Co., Ltd. (hereinafter “C”)
D) On May 28, 2009, D’s representative director: (a) around May 28, 2009, the Defendant borrowed KRW 2 billion from the Defendant; (b) the loan certificate stating that C shall repay the interest KRW 900 million to the Defendant plus the interest KRW 2.9 billion after 10 months from the loan date; and (c) the contract form for sales in a commercial building for which C is newly built to the Defendant as security for the above loan KRW 2 billion; and (d) the Seoul Yangcheon-gu Seoul Metropolitan Government E site and the Ftel building on its land (hereinafter “the instant officetel”).
(3) If the Defendant invests KRW 2 billion in the Gangseo-gu Seoul Metropolitan Government New Construction Corporation by adding up profits of at least KRW 900 million in the above investment amount to KRW 2 billion until March 30, 2010, C prepares an investment contract with the purport that the instant officetel and the above G 1st floor M101, 102, and 103 were issued and issued by C and the representative director will provide the certification of the number of shares endorsed, C’s representative director and shareholders, parents, and other third villages, respectively. 2) On the same day, C, C’s auditor H, D’s mother, and the Plaintiff, as the guarantor, bears the same responsibility as C with respect to the above loan amount to the Defendant.
3) On May 28, 2009, D had completed the provisional registration of the right to claim the transfer of ownership (provisional registration) with respect to the instant officetel on May 28, 2009, and on May 29, 2009, D issued promissory notes with face value of KRW 2.9 billion at face value at a joint issuer, joint issuer, and the addressee of the Plaintiff, and written notarial deeds of promissory notes (hereinafter “notarial deeds of this case”) with No. 00417, 2009.
Around that time, the Defendant issued C’s name and issued a check of the par value of KRW 2.9 billion per share with D’s endorsement. 4).