약정금
1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Defendants asserted that they run the business of selling DNA products to home shopping. Around January 2013, the Plaintiff agreed with D to pay profits equivalent to 10% of the monthly amount received in the event that D makes an investment or lending of KRW 1.3 billion to D.
D I suggested that the Plaintiff would pay the principal and interest of the loan to the Plaintiff with the proceeds from lending the above money to the Defendants if the business profits of the Defendants are reasonable.
Accordingly, the plaintiff lent 70 million won to D, and D again lent it to the defendants. Since D is in insolvent at present, the plaintiff is a creditor against D, who is based on the creditor's subrogation right and claimed 200 million won and damages for delay against the defendants.
2. It is not sufficient to recognize that the Plaintiff lent 700 million won to D only with the statement of No. 5 of the board No. 5, and there is no other evidence to prove otherwise.
D There is no evidence that it is currently insolvent.
In addition, the evidence No. 4 (the cash custody certificate for 1.3 billion won prepared in the name of the defendant company) is difficult to recognize that D merely lent 1.3 billion won to the defendants since the creditor is not indicated, and there is no other evidence to acknowledge it.
(E) Comprehensively taking account of the overall purport of the pleadings in Eul evidence No. 1, E paid KRW 100 million to Defendant B on December 18, 2012; KRW 500 million on January 10, 2013; and KRW 647,337,00 on January 17, 2013; and the above KRW 500 million on loan from D; Defendant B paid KRW 747,337,00 (including interest on KRW 647,37,000) on January 30, 2013; Defendant B paid KRW 768,571,000,00, including interest on KRW 767,37,000,571,000 on KRW 500,00,000 on the remainder of the pleadings; but, in a related lawsuit filed by Eul against Defendant B, the creditor and obligor is the party.