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1. The plaintiff's claim is dismissed.
2. With respect to cases of application for suspension of compulsory execution by this Court 2015 Chicago1009, November 2015.
Reasons
1. The following facts may be acknowledged either in dispute between the parties, or in full view of the purport of the whole pleadings, each entry of Gap evidence 1, Gap evidence 2-1 through 4, and Gap evidence 3-7, respectively.
The Defendant’s lending of money and acquisition of the right to collateral security 1) Sorax Co., Ltd. (hereinafter “ Sorax”).
(2) On December 28, 2007, while promoting D business with approximately KRW 340,00,00 as a project site, E entered into a sales contract to sell pine trees planted in the said project site to E on December 28, 2007, and agreed to receive the down payment of KRW 200 million, intermediate payment of KRW 300,000,000, and KRW 500,000.2) E extended the down payment of KRW 200,000 to the Defendant for the purpose of raising the down payment at around that time, the sum of interest shall be repaid, and the amount of interest shall be repaid in addition to KRW 45,315,00 (hereinafter “one parcel of land”), and the amount of forest and field B, 86,081,000,000,000,000,000,000,000 won (hereinafter “No. 11,000,00).
3) From December 31, 2007 to January 10, 2008, E borrowed a total of KRW 200 million from the Defendant, which received the said proposal (hereinafter “the instant loan”).
(E) As of December 31, 2007, E appears to be a clerical error in the amount of KRW 400 million in principal and due date for payment to the Defendant on June 31, 2008 (hereinafter “ June 30, 2008”).
(4) On December 31, 2007, E drafted a certificate of borrowed money. 4) The obligation to repay borrowed money in this case was the secured obligation and the Defendant on December 31, 2007, and the F completed the registration of the establishment of a neighboring mortgage on the land No. 1 as “the maximum bond amount of KRW 200 million and debtor F” (hereinafter “mortgage No. 1”) (hereinafter “mortgage No. 1”) and the ② Sorax shall establish the establishment of a neighboring mortgage on the land No. 2 and 3 as “the maximum bond amount of KRW 400 million and debtor Sorax.”