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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Co-owners of H (hereinafter “instant site”) on the ground level I decided to newly construct a primary complex building on the instant site, and on August 25, 2001, between J (hereinafter “J”) and J (hereinafter “J”) a total of 77 households of the building site (hereinafter “instant building”) with the burden of construction cost incurred by J, and 35 households among them sell the instant building preferentially to the said co-owners, and the remaining 42 households entered into a share agreement with J to have the right to sell the building.
B. The Defendant, as the actual operator of J, borrowed money from the Plaintiffs in order to raise the funds for the construction of the instant building as follows.
1) On December 5, 2003, the Defendant borrowed 80 million won in total from Plaintiffs A, B, C, and K on December 8, 2004 with interest rate of 8%, due date of payment on December 5, 2004. As a security, the Defendant issued the sale contract (the sale price of 1.36 billion won has been fully paid) of the commercial building 102 and 201 among the buildings of this case and the promissory notes (the face value of 1.36 billion won) issued by J and the promissory notes issued by J (the face value of 1.36 billion won) on May 25, 2004. The Defendant borrowed 1.4 billion won in total from Plaintiffs C, D, F and L as interest rate of 2 billion won per month, due date of payment on May 25, 2005, and delivered 1.4 billion won in total, 300 billion won in total, 1.4 billion won in each of the buildings of this case as security.
3) On July 13, 2004, the Defendant borrowed KRW 100 million from the Plaintiff as 2% of interest monthly and due date on July 14, 2005, and as security, registered the right to claim for the transfer of shares with respect to the portion of the instant site. 4) On March 9, 2005, the Defendant made the registration of the right to claim for the transfer of shares with respect to the portion of the instant site to Plaintiff E, and borrowed KRW 50 million from Plaintiff E.
C. On February 17, 2006, the defendant extended a total of KRW 1.85 billion, including the plaintiffs, to the creditors holding loans of KRW 1.85 billion.