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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 24, 2006, the Defendant’s total of the construction cost (including value-added tax) for the construction period (including value-added tax) 1, 206, 24 October 24, 2006 to November 30, 2006, 200-24 October 24, 2006 ( April 19, 2007) from 00 to 009-1, 2007, 2009-3, 100-8, 2009-3, 19-1,000-3,000-3,00-7,000-1,00-1,000-3,00-1,00-1,000-3,07,00-1,000-1,07,000-3,07, 206.
2) The construction of the instant golf set (hereinafter referred to as the “instant construction”) and the following:
(2) On September 19, 2007, the Defendant loaned A a total of KRW 5 billion on August 16, 2007 and KRW 5 billion on September 2, 2007.
3) On August 21, 2008, C, the representative director of A, and his wife D, are the Defendant’s obligation for the instant construction cost and the above loan obligation (hereinafter referred to as “liability related to the instant construction”).
In order to secure, etc., the Gangnam-gu Seoul E, 350.1 square meter and its ground buildings owned by C (hereinafter collectively referred to as “the Gangnam-gu real estate”).
(D) The building of F 454.5 square meters and its ground (hereinafter collectively referred to as “the instant Manam Real Estate”) owned by Sungnam-si, Sungnam-si, Sungnam-si and its wife, shall be referred to as “the instant Manam Real Estate”
As to the pertinent property, C agreed to set up a collateral with the maximum debt amount of KRW 7 billion, the debtor A, and the mortgagee as the defendant on August 25, 2008, and C completed the establishment registration of a collateral with respect to the instant property on September 1, 2008 under the name of each defendant on September 1, 2008 (hereinafter collectively referred to as the “instant collateral security”).
B. B. The drawing up of the instant agreement and the loan 1) The Defendant and the Boi Engineering Co., Ltd. (hereinafter “Defendant et al.”) are the Defendant and Boi Engineering Co., Ltd. (hereinafter “Defendant et al.”) on September 4, 2008 as follows.