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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. The Plaintiff’s ground for the instant claim
A. The Plaintiff set a total of KRW 67 million on several occasions to Defendant E, who is Nonparty F’s son, at 4% per month and lent it to Defendant E.
B. F, in the sense of the joint and several guarantee of Defendant E’s debt owed to the Plaintiff, issued promissory notes in lieu of the loan certificate, together with Defendant E, and finally, on September 17, 2008, issued a promissory note in lieu of the loan certificate (hereinafter “instant promissory note”).
C. Upon the Plaintiff’s request, the Promissory Notes of this case entered F in the Plaintiff’s office on September 17, 2008, and entered F as “F” in the blank note form with Defendant E’s personal seal affixed to the issuer column instead of Defendant F. At the time of filing the instant lawsuit, the Plaintiff supplemented the face value of the blank note as agreed with Defendant E prior to filing the instant lawsuit with “F million won” and “67,00,000,000,” respectively, and thereafter, the Plaintiff’s legal representative supplement the payee’s name, issue date, place of payment, place of payment, and supplement the additional payment date thereafter.
On the other hand, F entered into a donation contract (hereinafter “instant donation contract”) with Defendant B, the wife on October 11, 2010, with respect to each of the real estate listed in the separate sheet (hereinafter “each of the real estate of this case”), which is its sole property, under the status of having been liable to the Plaintiff as above, and on the 13th day of the same month, Suwon District Court No. 65401, respectively, received each of the respective registration offices for Gyeyang branch of the Suwon District Court, and “each of the instant transfer of ownership” is deemed to be “each of the instant transfer of ownership.
The court completed the proceedings.
E. However, the F died on December 13, 2010, and Defendant C, D, and E, his wife, jointly inherited his or her property.
F. Accordingly, the Plaintiff paid to Defendant E the above loans of KRW 67 million and damages for delay in accordance with the interest limit rate under the Interest Limitation Act.