대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the purport of the entire pleadings in the evidence No. 1 of the judgment as to the cause of the claim, the Plaintiff leased KRW 30,000,000 to Defendant B on June 20, 2012 by the due date for reimbursement of May 31, 2015. On the same day, Defendant C guaranteed the Plaintiff’s obligation to return the borrowed amount. The Plaintiff, on December 1, 2014, lent KRW 10,000,000 to Defendant B by the due date for reimbursement of December 26, 2014, and on the same day, Defendant C guaranteed the Plaintiff’s obligation to return the borrowed amount.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 40,000,000 as loans and delay damages as stated in the purport of the claim.
2. The Defendants asserted that prior to the filing of the instant lawsuit, the said Defendants satisfied all of the loans of KRW 40,000,000 (i.e., loans of KRW 30,000,000 on June 20, 2012) incurred a loan of KRW 10,000,000 on December 1, 2014.
In this case, since there is no dispute between the parties that the Defendants paid the above loans of KRW 40,00,000 to the Plaintiff prior to the institution of this case, the above loans of KRW 40,000,000 were all extinguished by payment prior to the institution of this case. Thus, the defendants' assertion is with merit.
3. In conclusion, the plaintiff's claim against the defendants is dismissed in its entirety as it is without merit. It is so decided as per Disposition.