대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's assertion
A. The Plaintiff transferred KRW 27 million in total to Defendant C’s account at the request of Defendant B to lend frequency gathering (trade name: D points; hereinafter “instant frequency”) from October 7, 2014 to October 22, 2014 upon request.
B. In addition, the Plaintiff received benefits of KRW 300,000 per month from the frequency of the instant case operated by the Defendants, and served for a period of four months.
C. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of loans and unpaid benefits KRW 39 million and damages for delay.
2. Determination
A. First, examining whether the original Defendant was a loan of KRW 27 million, the Plaintiff’s remittance of KRW 27 million to Defendant C’s account does not conflict with the original Defendant. However, considering that the Plaintiff’s transfer of KRW 27 million to Defendant C’s account was added to the entire purport of the pleadings, the following facts are as follows: ① the Plaintiff and Defendant B, other than the instant house, operated two times in August 2010 and September 2012, including E and F, and in particular, around September 2012, it was difficult to view that the Plaintiff’s transfer of KRW 27 million to Defendant C’s account was continued on October 2014; ② the Plaintiff’s transfer of KRW 27 million to Defendant D’s account as the Plaintiff’s share transfer of KRW 27 million to the said account; ② the Plaintiff’s share transfer of KRW 7 million to Defendant C’s account as the Plaintiff’s share transfer of KRW 27 million to the said account.
B. Furthermore, the part of the claim for unpaid benefits.