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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. Facts of recognition;
A. 1) On September 20, 2007, D Bank loaned KRW 3.5 billion to Defendant B on September 18, 2009, with the due date set at KRW 4.55 billion. Defendant C guaranteed Defendant B’s debt to D Bank up to the limit of KRW 4.55 billion (hereinafter “instant loan agreement”), and the said loan is “instant loan”).
(2) At the time of the instant lease agreement, each of the registration of creation of the right to collateral security and the maximum debt amount of the debt amount of KRW 2.73 billion was completed on September 20, 2007, on the ground of the contract on September 20, 2007 with respect to the land and building (hereinafter “the instant real estate”) owned by Defendant B, Hongsung-gun, Hongsung-gun, Hongsung-gun, (hereinafter “the instant real estate”).
(hereinafter the above right to collateral security (hereinafter referred to as the “instant right to collateral security”). B
1) On November 24, 2011, D Bank transferred the instant loan claim to F Co., Ltd., and F Co., Ltd. on December 26, 201, on the foregoing loan claim G limited liability company (hereinafter “Nonindicted Company”).
(2) On March 27, 2015, the non-party company transferred the above loan claims to the Plaintiff, and notified the Defendant B of the transfer on April 17, 2015. The notification reached the Defendant B around that time.
C. 1) On October 28, 2011, D Bank applied for voluntary auction on the instant real estate based on the instant right to collateral security (SOB). The non-party company that received the instant loan claim from D Bank reported the claim amounting to KRW 5,774,870,420 in total amount of principal and interest at the instant auction procedure. In addition, during the distribution procedure held on May 22, 2013, the distribution schedule was prepared to distribute KRW 3,681,189,942 to the non-party company. 2), and the distribution procedure (SOB’s Hong Branch Branch Court J, hereinafter referred to as “SO”) initiated by the non-party company I, who is another creditor of the Defendant B, etc. (SOB, referred to as “the dividend procedure of this case”) in the distribution procedure of this case.