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The plaintiff's primary and conjunctive claims are all dismissed.
Litigation costs shall be borne by the plaintiff.
Reasons
Basic Facts
D Co., Ltd. (hereinafter referred to as “D”) is a stock company that engages in tin-processing and manufacturing business, etc., Defendant B is an auditor of Defendant D, and Defendant C is a person who has served as the Chairperson in D.
(A) around April 29, 2008, the Plaintiff lent D KRW 82,50,000 on condition of 2.5% per interest month (Evidence 1), and leased KRW 117,50,000 on condition of 2.5% per interest (Evidence 2) (Evidence 2), and around May 13, 2008, the Plaintiff lent KRW 64,50,000 on condition of 2.5% per interest month (Evidence 3).
(A) The evidence Nos. 4-1, 2, 3, and 5-1, 2, 3, and 6-1, 2, 3 of the evidence No. 5-1, 6-1, 2, and 3 of the above loan agreement (hereinafter "each of the loan agreements of this case") was established on November 19, 199 and produced and sold high soil and rocks and fertilizers, etc., and sales of 2007 have been rapidly decreased due to the increase of competitors, etc., to convert the organic fertilizer of 2008 into the main product, and to convert the organic fertilizer into the main product, but the management has deteriorated on June 30, 2008, by failing to supply due to delay.
Accordingly, on September 1, 2008, D filed an application for commencing rehabilitation procedures with the Cheongju District Court as 2008 Joint 4, and the above court rendered a decision to commence rehabilitation procedures with respect to D on October 8, 2008.
(A) Evidence No. 13-1 of this case. The plaintiff participated in the rehabilitation procedure with the claims against D under each of the loan agreements of this case as rehabilitation security right, and thereafter the plaintiff's claims were reflected in the rehabilitation plan of D, which was authorized and confirmed in the above rehabilitation procedure.
(A) On May 25, 2009, the above court approved the rehabilitation proposal submitted by D on May 25, 2009, but thereafter D failed to repay most debts under the rehabilitation plan.
Accordingly, D's creditors' limited liability companies specializing in the primary securitization were requested to discontinue the rehabilitation procedures, and the above court decided to discontinue the rehabilitation procedures for D on October 21, 2013 (Evidence A No. 13-1), followed November 2013.