대여금
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
1. Facts below the basis of facts are either in dispute between the parties or in accordance with Gap evidence Nos. 2, 3, 6, and Eul evidence Nos. 1 and 3, the whole purport of the pleadings may be considered as a whole.
The defendant is a husband of the representative director D, and the non-party E, a real management owner, was established on August 12, 2010, and the network E was operating a non-party F Co., Ltd. (hereinafter referred to as the "F") before the defendant was established, and the plaintiffs were the president of one member of the F, and the non-party G, a F's employee, proposed the establishment of the defendant for real estate-related business purposes to the network E, and held office as the defendant's internal director from the time of establishment to March 3, 2014.
B. Around March 2013, G entered into a contract with Nonparty H to take charge of the sales agency business with the Plaintiff’s 100-household I Apartment-gu 100-household owned by the said company and to receive fees from the said company in the event that the sales contract is concluded and the sales price is paid.
(hereinafter referred to as the “instant project”) a sales agency project under the said contract;
G, around April 2013, with respect to the instant project, indicated the Defendant’s eligibility as a director and borrowed from the Plaintiff, and from May 9, 2013, KRW 1600,000,000 from the Plaintiff B, respectively, in the Defendant’s name, and agreed to return the failure of the project at the time of the failure of the project.
(hereinafter “instant contract”). D.
Pursuant to the instant contract, Plaintiff A transferred KRW 1.6 million in total to the Defendant’s bank account, each of which was KRW 53 million on April 8, 2013 and May 3, 2013; Plaintiff B transferred KRW 1.6 million in total to May 2, 2013 and May 9, 2013, each of which was KRW 53 million.
2. Summary of the parties’ assertion
A. The Plaintiff’s assertion 1 G is a director of the Defendant and a person in charge of the instant business promoted by the Defendant, and entered into the instant contract with the Plaintiffs on behalf of the Defendant, and thus the instant project is carried out.