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1. All plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On September 17, 2015, Plaintiff A’s compulsory execution company (hereinafter “Plaintiff A”) filed an application for provisional attachment against F Co., Ltd. (hereinafter “F”)’s share certificates 6,245,603 owned by E Co., Ltd. (hereinafter “E”), and received the decision of provisional attachment as the Gwangju District Court 2015Kahap5020 on October 1, 2015, and on October 13, 2015, the provisional attachment was executed as the Seoul Western District Court 2015Kahap5020 on F’s share certificates 4,410,263 share certificates owned by E (hereinafter “instant share certificates”).
B. B compulsory execution 1) A Co., Ltd. (hereinafter “B”).
(2) On September 30, 2009, the Plaintiff lent KRW 10 billion to G as normal interest rate of 8% per annum, interest rate of 21% per annum, and due date of repayment on September 30, 2014. As to the above loan obligations, H, the representative director of each of the above companies, E and the United States of America, were jointly and severally guaranteed. On August 22, 2012, B and H drafted a notarial deed of monetary loan contract No. 846, No. 1, 2012 (hereinafter “Plaintiff”). Meanwhile, B was declared bankrupt on March 7, 2012 by Busan District Court Decision 201Ha2Ha1, which was the bankruptcy trustee of the Plaintiff Bankrupt Co., Ltd. (hereinafter “Plaintiff”).
3. On December 2, 2015, the Plaintiff trustee in bankruptcy filed a claim amounting to KRW 9,980,827,396, and the notary public filed an application for compulsory execution against F-registered common shares 4,445,603 shares kept by the Seoul Western District Court with the title of execution of the No. 846 of the No. 846 of the I Deed as the title of execution for the No. 846 of the I Deed, and on January 11, 2016, the double seizure of the share certificates of this case provisionally seized by the Seoul Western District Court Decision 2015No3623.
C. On December 29, 2015, the Defendant’s compulsory execution against the Defendant is limited to KRW 2 billion based on the notarial deed of promissory note No. 80, 2015, which was signed by a notary public, and KRW 4.73 billion based on the notarial deed of money consumption loan contract No. 566, which was signed by a notary public, as of December 29, 2015.