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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 (applicable for recognition: Facts without dispute, Gap's 1, 10 through 13, 17, 20, 21, 22, 29, 30, 32, and 33; hereinafter the same shall apply);
(i)each entry, witness F’s testimony, and the purport of the entire pleadings;
A. The Defendant C Co., Ltd. (hereinafter “Defendant C”) and the Defendant B Co., Ltd. (hereinafter “Defendant B”) are both corporations established for the purpose of collecting forest aggregate, etc., and the Defendant A Co., Ltd (hereinafter “Defendant A”) are the shareholders of Defendant C, a corporation established for the purpose of financial service business, etc.
(100%) Defendant D is the representative director of Defendant A, and Defendant E is the representative director of Defendant B.
B. On June 29, 2007, Han Bank established the right to collateral security (hereinafter “right to collateral security”) of KRW 9.1 billion with the joint collateral against the land owned by Defendant C, including the land G in the Han River, (hereinafter “instant land”). On February 4, 2014, the said right to collateral security was transferred to Defendant A via a limited liability company of EWA No. 29, Korea.
Since then, on February 4, 2014, Defendant A created a pledge of 6.5 billion won of the claim amount to Savings Bank on the foregoing collateral security, the pledge right of 450 million won of the claim amount to H on September 18, 2014, and the pledge right of 1.8 billion won of the claim amount to I on September 18, 2014.
C. On August 24, 2007, Eanchi Mutual Savings Bank Co., Ltd. was established with respect to the instant land, the maximum debt amount of KRW 4.42 billion was set up, and the said right to collateral security was transferred to the Plaintiff on October 2, 2014.
On the other hand, J Co., Ltd. (hereinafter “Co., Ltd.”) entered into a contract with C on June 23, 2014 to transport aggregate from July 1, 2014 to June 30, 2015 (hereinafter “instant transport contract”). On June 30, 2014, Defendant C paid KRW 300 million to Defendant A for the contract performance guarantee.
E. In addition, Defendant B produced and sold aggregate on July 21, 2014 and July 21, 2014 through December 31, 2019.