대여금
1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
The gist of the plaintiffs' claims against the defendants of the plaintiff B was that the plaintiff Eul lent KRW 3,307,193,350 to the defendant D from 2010 to 2015.
Defendant C (hereinafter “Defendant C”) agreed to jointly pay the above loans.
On the other hand, Plaintiff B supplied red ginseng equivalent to KRW 3,433,313,00 to Defendant Company through E from March 31, 2010 to December 20, 2013.
The Defendant Company paid the Plaintiff B an advance payment of KRW 4,308,100,50 in excess of KRW 874,787,500.
Therefore, the Defendants jointly and severally pay 2,432,405,850 won (=3,07,193,350 won--874,787,500 won) calculated by deducting advance payment paid in excess of the above loans from Plaintiff B, and thus, they are obligated to pay 500,000,000 won and damages for delay specifically claimed by Plaintiff B.
Plaintiff
The Plaintiff Co., Ltd. (hereinafter “Plaintiff Co., Ltd.”) supplied red ginseng equivalent to KRW 4,058,980,970 to Defendant Co., Ltd. from around 2010 to around 2015.
On the other hand, the defendant company paid KRW 58,189,484 out of the amount of the unpaid goods in 2015, and paid KRW 2,100,000,000 on behalf of the plaintiff company.
Therefore, the defendant company is obligated to pay 1,900,791,486 won (=4,058,980,970 won-58,189,484 won-2,100,000 won, which is expressly claimed by the plaintiff company, and damages for delay are paid to the plaintiff company.
Judgment
Plaintiff
B There is no evidence to support that Defendant D lent money equivalent to the claim amount, and the Plaintiff Company concluded a commodity supply contract with the Defendant Company.
There is no evidence to acknowledge that the red ginseng equivalent to the claimed amount was supplied.
Therefore, the plaintiffs' claims are without merit.
In conclusion, this conclusion is followed.