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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. C’s lawsuit claiming for cancellation of the right to collateral security against the Defendant (hereinafter “C’s lawsuit claiming cancellation of collateral security”) 1) In the lawsuit claiming cancellation of the right to collateral security against the Defendant, the Daejeon District Court’s 201Kadan12961 against the Defendant, the Daejeon District Court’s Daejeon District Court’s 40,000,000 won (hereinafter “instant KRW 40,000,000”) remitted from the Plaintiff’s account to the Defendant’s account on January 16, 2007.
(2) As to the foregoing, the Daejeon District Court rendered a judgment dismissing C’s claim on November 3, 201, on the ground that C’s claim was dismissed on the ground that the secured debt of the right to collateral seeking cancellation was fully repaid, but C’s claim was not deemed to have been fully repaid on November 3, 201, on the ground that the said secured debt cannot be deemed to have been repaid.
3) The foregoing judgment was finalized on October 1, 2012, following the appellate court of the Daejeon District Court (201Na19285), the Supreme Court’s final appeal (201Da55709) and the Supreme Court’s final appeal (201Da5709). (B) The Defendant’s lawsuit seeking the return of loan against the Defendant C (hereinafter “Defendant’s lawsuit seeking the return of loan against the Defendant
(1) The Defendant filed a lawsuit against C seeking loans and interest interest in arrears amounting to KRW 20,00,000,000,000,000, which was KRW 2013,000,000,000, around May 23, 2006, and KRW 20,000,000, which was not paid out of KRW 80,000,000, around December 14, 2006.
2. As to this, C borrowed 20,000,000 won on December 14, 2006, among the loans alleged by the Defendant, not C, and C itself borrowed from the Defendant. Since C himself borrowed 60,000,000 won, it repaid 40,000 won on November 27, 2006, and on January 16, 2007, 40,000 won remitted from the Plaintiff’s account to the Defendant’s account was paid as C’s debt payment.