대여금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The plaintiff's summary of the plaintiff's assertion: "Around September 12, 2005, the plaintiff lent 100 million won to Defendant D Co., Ltd. (hereinafter "Nonindicted Company D") operated by Defendant B on condition of receiving dividends or interest at the rate of 48% per annum, and the defendants agreed to jointly and severally assume the above debt owed by the non-party company. Therefore, the defendants jointly and severally liable to the plaintiff for a loan of KRW 100 million and its interest from September 12, 2005 to the delivery date of the copy of the complaint of this case, the agreement rate of KRW 48% per annum from September 12, 2005 to the delivery date of the copy of the complaint of this case, and 30% per annum from the next day
2. Taking into account the following circumstances, which are acknowledged as a whole by taking into account the statement of all the evidence submitted in this case and the witness E’s testimony as a whole, the Plaintiff’s claim sought in this case was a claim arising from the Plaintiff’s investment in the non-party company (i.e., one of the investors who invested in the non-party company, and there was a direct monetary lending and borrowing relationship between the Plaintiff and the Defendants. When the Defendants, who operated the non-party company, were bound by the suspicion of fraud, the investors demand that the Defendants bear a joint and several liability, and the Defendants demand that the Defendants bear a joint and several liability to the Plaintiff. ii) between the investors’ association composed of investors including the Plaintiff (the Defendants do not have any individual agreement that the Defendants would bear a joint and several liability) and the Defendants, it is reasonable to deem that the investor association received all the property rights under the name of the non-party company or the Defendants, and disposed of them at will, and made an express or implied agreement in lieu of the Defendants’ repayment of the investment debt.
Furthermore, such an agreement.