대여금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Summary of the plaintiffs' assertion
A. Plaintiff A lent KRW 24.6 million in total from November 11, 2014 to January 14, 2015 to Nonparty E; Plaintiff B lent KRW 27.2 million in total from November 3, 2014 to December 10, 2014; Defendant C, the mother of Party E, jointly and severally guaranteed each of the above loans debt of Party E.
However, E paid only KRW 10 million to Plaintiff A and KRW 7.5 million to Plaintiff B, but did not pay the remainder of the loan properly.
Therefore, Defendant C is obligated to pay Plaintiff A the amount of KRW 14.6 million (=24.6 million - KRW 10 million) and the amount of KRW 19.7 million to Plaintiff B (=27.2 million - KRW 7.5 million) and damages for delay.
B. In addition, on November 11, 2014, Plaintiff A lent KRW 15 million to E, and Party B’s petence jointly and severally guaranteed the above loan debt of Party E.
Therefore, Defendant D is obligated to pay the Plaintiff A the above KRW 15 million and the damages for delay.
2. Determination
A. In addition to the overall purport of the pleadings in evidence Nos. 1 and 2, upon request for a monetary loan, the Plaintiff wired KRW 500,000,000 to the deposit account in the name of the Defendant C, KRW 4.8 million on January 9, 2015, KRW 11,000,000 on January 11, 2015, KRW 24.6 million on January 14, 2015, KRW 2,4.6 million to the Defendant’s deposit account. ② The Plaintiff transferred KRW 1,20,000 on November 3, 2014, KRW 400,000 on November 9, 2014, KRW 1,500 on November 14, 2014, KRW 1,500,000 on November 14, 2014, KRW 1,500,000 on the deposit account in the name of the Defendant C.
B. However, as recognized earlier, it is insufficient to recognize that E borrowed money from the Plaintiffs and used the Defendant’s deposit account in the name of the Defendants, solely on the sole basis of the fact that the Defendants jointly and severally guaranteed the Defendant’s loan obligations to the Plaintiffs, and the witness F’s testimony also made a telephone conversation with the Defendant C at the time when E requested the Plaintiffs to lend money.