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1. The plaintiff's lawsuit against the defendant B shall be dismissed.
2. The Plaintiff’s claim against Defendant C.
Reasons
1. Basic facts
A. On May 28, 2009, with respect to the claim for promissory note payment between the Plaintiff and the Defendant C, the agreement was concluded that “the Defendant C shall pay the Plaintiff KRW 80,000,000,000 to the Plaintiff by June 15, 2009, and if delay is paid, the remaining amount shall be paid by adding the interest rate of 20% per annum to the remainder by the date of full payment (hereinafter “instant amount’s claim or obligation”).”
B. On March 17, 2011, the Plaintiff agreed with the Defendants on the instant claim for the conciliation amount under the condition that the Defendants and the Defendants shall complete reimbursement of KRW 43,000,000 among the instant claim for the conciliation amount, and the Defendants shall designate the Defendant Incorporated Partnership (hereinafter “Defendant Incorporated”) as a joint guarantor and repay KRW 5,00,000 until March 21, 201, and repay KRW 5,000,000 until March 31, 201, and the balance shall be paid KRW 5,00,000 each month from April 201 to April 31, 201. If the remainder is not repaid from April 4, 2011, the Defendants and the Defendant Incorporated Company jointly and severally liable for the balance amount (hereinafter “instant payment”).
C. The Plaintiff filed a lawsuit against the Defendant Corporation on the claim against the Seoul Northern District Court 2012Kadan5022 in accordance with the instant payment memorandum, and on June 13, 2012, “the Defendant Corporation shall pay to the Plaintiff the amount of KRW 37,00,000 and the interest rate of KRW 20% per annum from October 1, 201 to the date of full payment” was sentenced to a judgment in favor of the Plaintiff (hereinafter “related case”), and the Defendant Corporation appealed as Seoul Northern District Court 2012Na535, but the said judgment was finalized on February 5, 2013, although it appealed on January 16, 2013.
On July 18, 2012, the Plaintiff, based on the judgment related to the relevant case, executed a seizure of corporeal movables under the Jeonju District Court Branch Branch of 2012No. 156, and the Defendant corporation.