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1. The plaintiff's claim is entirely dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On June 28, 2010, the Plaintiff’s summary of the Plaintiff’s assertion: (a) lent KRW 80 million to Defendant B on December 31, 2010 with a maturity of KRW 12% per annum; and (b) on August 26, 2010, Defendant B loaned KRW 70 million with a joint and several surety of Defendant C on December 31, 2010 with a maturity of KRW 12% per annum.
Since the Defendants did not pay the above money, the Plaintiff sought the payment.
2. Determination as to the claim against the defendant B
A. According to the statement No. 1 and No. 2 of the evidence No. 1-2, on June 28, 2010, Defendant B prepared a certificate of borrowing KRW 80 million from the Plaintiff on June 28, 2010, and on August 26, 2010, Defendant B prepared a certificate of borrowing that Defendant B borrowed KRW 70 million from the Plaintiff under Defendant C’s joint and several sureties.
B. As to this, Defendant B purchased DE land, etc. from Defendant C at the time of port from Defendant C and tried to construct a new building on that ground, the Plaintiff asserts that it cannot respond to the Plaintiff’s claim on the ground that the Plaintiff paid KRW 150 million to the Plaintiff for the purchase fund, and the third party newly constructed a new building on the above land, thereby acquiring ownership of a part of the new building (as 701 or 702, an amount equivalent to KRW 120 million). On November 30, 2015, Defendant B claimed that it cannot respond to the Plaintiff’s claim on the ground that he paid KRW 150 million to the Plaintiff the difference between the Plaintiff’s claim amounting to KRW 150 million and the above building value amounting to KRW 120 million.
The following facts are acknowledged according to the statements (including paper numbers), witness F's testimony, and the purport of the whole pleadings of evidence Nos. 1 to 7.
1) On June 25, 2010, Defendant B purchased each of the above land and its ground buildings from Defendant C in the purchase price of KRW 700 million (the contract amount of KRW 50 million, intermediate payment of KRW 350 million, and the balance of KRW 300 million) in order to remove the above land and build a new building on the ground of DE land at the port of port. (2) On June 28, 2010, the following day after the loan certificate of KRW 80 million was drawn up.