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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts are acknowledged to the effect that there is no dispute or the entire pleadings, in addition to each macro- documentary evidence.
C operates a specialized company for removal of “D”, and E is the actual operator of the F’s business.
[A evidence 1] On July 21, 2015, E drafted an agreement on the removal of G redevelopment district (hereinafter “instant agreement”) between Cheongju-si and C on the said agreement (hereinafter “instant joint project”).
Article 5(e) of the Agreement.
Paragraph (1) provides that "B, namely, D, to borrow 50 million won within one day after the contract is entered into with F, and F shall make repayment after the advance payment."
C loaned 50 million won to E in accordance with the above provision.
[A evidence 1, witness C] A, which promoted the instant joint project with E on the same day, set up a collateral security right in the name of the wife with respect to “I to 776 square meters and the three-story building on the land” (hereinafter collectively referred to as “the instant real estate,” and only the building is referred to as “the instant building”) in the name of the wife, in order to secure the debt of the said loan, as well as the debt of E on the same day.
[No. 2 and No. 5] At the time of the instant real estate: (a) on June 4, 2010, the mortgage was established on the instant real estate of KRW 221 million (the actual debt amount of KRW 170 million) in the vicinity of the maximum debt amount of the Ulsan Hado Credit Union (hereinafter “Ulsan Credit Union”) as of June 4, 2010; and (b) on May 19, 2015, the mortgage was established on the instant building of KRW 19.99 million in the future.
[A evidence 2] On the other hand, the defendant participated in the instant joint project promoted by E, C, and the Plaintiff’s husband H at the request of E.
In the process, the Defendant borrowed KRW 40 million out of the total amount of KRW 50 million received from E, as above, on condition that the Defendant bears the following joint business expenses.
However, redevelopment districts are redevelopment districts.