채무부존재확인
1. Revocation of the first instance judgment.
2. All plaintiffs' claims are dismissed.
3. Total costs of litigation are assessed against the Plaintiffs.
1. On July 13, 2011, Plaintiff A, F, and B (hereinafter referred to as “three persons, including Plaintiff A”) contracted the instant construction work for the 13-household units on the ground of the 13-household unit (hereinafter “H”) with 8 persons, including J, K, etc. (hereinafter “Plaintiff, etc.”) on July 13, 201, and signed an agreement with H (hereinafter “instant agreement”). On March 13, 2012, Plaintiff A and three persons, including Plaintiff A, etc., wish to obtain loans from the Defendant and make advance payment of KRW 30 million for the remainder of the instant construction work to H” (hereinafter “instant agreement”).
Plaintiff
On March 15, 2012, three parties, including A, deposited the loan to the Defendant into the H account and delegated it to the Defendant.
The Defendant transferred the total amount of KRW 50 million (hereinafter “instant loan”) from the Plaintiff, etc.’s three accounts (hereinafter “three-party accounts, including Plaintiff A”) to the L’s account in the name of KRW 50 million.
L remitted 90 million won out of this money to the account under H’s name, and remitted 20 million won to Plaintiff F and B.
As above, Plaintiff A paid KRW 52,98,010 by August 29, 2012, KRW 57,353,968 by January 2014, and KRW 53,520,553 by Plaintiff F by January 2013.
B died on December 8, 2014, and there was Plaintiff C, Plaintiff D, and E as the inheritor.
[Reasons for Recognition] No. 4, Gap evidence No. 1, Eul evidence No. 1 through 5, 8, 9, 14, 19, 20
2. Claim for damages
A. The Plaintiffs asserted that the Defendant’s employee transferred the instant loan to L’s account, not in the H’s name, but in the L’s name, according to the terms of delegation or intent of Plaintiff A, without verifying the Defendant’s employees’ three intent. As such, the Plaintiff et al. suffered damages for which three (3) including Plaintiff A et al. could not pay the remainder of the instant construction project to H, the said tort is committed.