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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 1, 2010, D, with the introduction of E known to the general public, borrowed KRW 150 million from the Defendant, and drafted a notarial deed of money loan agreement (hereinafter “Defendant 1’s notarial deed”) in 200 million with respect to the agreement between the Defendant and the Defendant that the Defendant would pay KRW 200 million in lump sum to the Defendant by December 31, 2010, and the delayed payment would pay KRW 30% per annum to the Defendant.
B. On October 15, 2010, D again borrowed KRW 160 million from the Defendant from the introduction of E, and as the obligor, G Co., Ltd. (hereinafter “G”) established by D on October 19, 2010 between the Defendant and the Defendant as the obligor, and the Defendant paid KRW 240 million in lump sum by November 4, 2010, and the delayed payment is obliged to pay 30% per annum to the Defendant, a notary public drafted a notarial deed under the Monetary Loan Agreement (hereinafter “Defendant’s No. 2 notarial deed”) of 790 of the General Law Office (hereinafter “Defendant’s notarial deed”).
C. Meanwhile, as between G and G on October 19, 2010, with respect to the agreement between G to pay the Plaintiff a lump sum payment of KRW 30 million by November 19, 2010, and damages for delay to pay 30% per annum, a notary public drafted a notarial deed of a monetary loan agreement for use of money (hereinafter “Plaintiff’s notarial deed”) in the General Law Office No. 791, 2010, with respect to the agreement between G and the Plaintiff.
After that, on August 6, 2012, the Defendant issued a collection order on August 8, 2012 by requesting G to the debtor, the Republic of Korea to the third debtor, and the Defendant’s claim amount based on the Defendant’s second notarial deed, with respect to the claim against G to the Republic of Korea, by requesting this court to issue a seizure and collection order.
E. In addition, on November 5, 2013, the Plaintiff is against G as the debtor, the Republic of Korea as the garnishee, and the Plaintiff’s claim amount based on the Plaintiff’s authentic deed as the claim amount, and is against G’s Republic of Korea.