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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts do not conflict between the parties, or can be acknowledged in full view of Gap evidence 1-1-5, Gap evidence 2-1-4, Gap evidence 4, Eul's testimony, Eul's fact inquiry results against Hyundai Heavy Industries Co., Ltd., and there is no counter-proof.
The non-party D entered into a construction equipment sales agency contract with the non-party Hyundai Heavy Industries Co., Ltd. (hereinafter “non-party D”).
B. As of October 21, 2013, Defendant A drafted a sales contract with Nonparty D to purchase the soft machine from a small company (hereinafter “instant sales contract”) to purchase KRW 145,200,000 (hereinafter “instant sales contract”).
C. On October 23, 2013, Defendant A: (a) borrowed gold KRW 113,200,000 from the Plaintiff; (b) written an agreement to pay in installments for a period of 60 months each of KRW 2,408,930 (hereinafter “instant agreement”); (c) Defendant B signed and sealed the instant agreement as a joint guarantor; and (d) Defendant B affixed the signature and seal on the instant agreement. The instant agreement bears the signature and seal of Defendant A to confirm that the subject matter is accurately received.
The power of attorney submitted by the Defendants to the Plaintiff does not state the deposit bank and the deposit owner in relation to the payment method of the loan, and the sales contract of this case contains Nonparty D’s account number E.
E. The Plaintiff paid the loan under the instant agreement to Nonparty D’s account. Nonparty D repaid the loan in installments under the instant agreement, and Nonparty D did not pay the loan principal KRW 73,38,148, interest KRW 10,923,733 from December 21, 2015.
F. The non-party D did not notify the non-party company of the preparation of the instant sales contract, and the non-party company did not deliver the scke to the defendant A.
2. Determination
A. The Plaintiff asserted by the Defendants.