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1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts recognized;
A. On December 6, 2015, Nonparty D, the representative director of Defendant C Co., Ltd. (former E Co., Ltd.; hereinafter “Defendant Co., Ltd.”) entrusted the construction of the urban planning construction of ten parcels of land outside the F in Gangwon-do, Gangwon-do, with the cost of KRW 44,400,000, and completed the construction on November 10, 2016.
B. When the Defendant Company was unable to obtain a loan from the financial institution under its name while it was unable to fully pay the above construction cost, Nonparty G (former name after the opening) and Nonparty I, a student of Defendant B, become the debtor of the real estate owned by the Defendant Company, such as Won-si, J, etc., as the water collateral, the Defendant Company received a loan of KRW 260,000,000,390,000 from the Plaintiff Company on January 26, 2017 and November 8, 2017, respectively, with the maximum debt amount of KRW 260,000,000 from the Plaintiff Company as the water collateral, and the construction cost was paid to the Defendant Company. Of the instant loans, the sum of KRW 140,00,000,000 from the K Association was separately paid to the Defendant Company B.
C. On January 26, 2017 between D and Defendant Company, the loan certificate was drawn up between D and D to the effect that “The interest of KRW 69,364,600 from D was paid on January 26, 2017 on the monthly interest of KRW 69,364,60 from D and D, “the monthly interest payment of KRW 00,000,000,000,000,000 from K to December 31, 2017.”
D On February 27, 2019, when the number of prisons was kept, Defendant B signed and sealed in the presence of the correctional officer in the letter of undertaking of the collateral loan and written confirmation of the fact of construction payment, etc., which was written by Defendant B in the same text as the following: (a) the statement of undertaking of the collateral loan was written as follows; and (b) the statement of undertaking of the collateral loan was written as “D and I will confirm and sign it.”
With respect to the payment of the construction cost incurred during the construction of F and 10 parcels urban planning roads, the payment of loans (300,000,000) shall be made on November 8, 2017 in the name of the ordering person and the contractor, after consultation with the ordering person and the contractor.