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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Facts of recognition
The defendant corporation that established the defendant corporation is a corporation established to operate a collaborative fishery business in order to improve productivity on August 23, 1997 as its main business and to operate a collaborative fishery business and a cultivation as a main business.
C On August 23, 200, a director of the defendant corporation, and the representative director on February 8, 2002, respectively, retired on July 2, 2002. D, the wife of C, respectively, was appointed as the director on March 2, 2001, and on November 20, 2002, retired on March 31, 2003, and C again resigned as the representative director on March 31, 2003.
On October 8, 2002, the Plaintiff transferred the sum of KRW 200,000,000 on October 8, 2002, KRW 40,000,000 on October 11, 2002, and KRW 200,000 on December 4, 2002, to the account of the Defendant Corporation, according to C’s request that the operating funds of the Defendant Corporation be needed.
On April 14, 2005, in addition to interest accrued until the loan obligation of KRW 200,00,000,000 to the Plaintiff, the Defendant foundation drafted an E- Notaries Joint Office No. 3692, a money loan agreement No. 3692 (hereinafter “the No. 1 notarial deed”) with the purport that “if the Plaintiff leased KRW 450,000 to the Defendant foundation until the due date for repayment, and if the Defendant foundation did not repay it, it shall recognize that there is no objection even if compulsory execution is immediately conducted,” the Defendant foundation drafted a notarial Joint Office No. 3692 with the purport that “the 1 notarial deed of this case.”
C and D’s joint and several guarantee of the Defendant Corporation’s obligations on April 28, 2005, and C and D are as follows: “C and D are jointly and severally guaranteed the Defendant Corporation’s obligations on the notarial deed No. 1 of this case against the Plaintiff; the due date shall be April 28, 2005; and if C and D fail to perform this, they are immediately subject to compulsory execution.”