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1. The plaintiff's respective claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On June 17, 2008, the Plaintiff agreed to lend money to the Defendant B by setting the interest rate of 2.5% per month, and then attached Form
1. From June 17, 2008 to February 25, 2011, a sum of KRW 259,000,000 was remitted to the bank account in the name of the defendant C or D, as indicated in the lending statement, and lent the said money to the defendant E.
B. Attached Form B from Defendant B
2. From August 4, 2008 to July 31, 2012, a total of KRW 280,149,800 was remitted over 36 occasions from August 4, 2008 to July 31, 2012, and appropriated the instant loan for the repayment of the instant loan. Around April 2012, the sales proceeds of the mushroom cultivated from Defendant B and from the agricultural source located in Pakistan on behalf of Defendant B was appropriated for the repayment of the instant loan, and then the amount of KRW 20,000,000 was appropriated for the instant loan repayment.
The Plaintiff stated in the preparatory document that KRW 7,00,000,000 on April 2, 2009, and KRW 5,000,00 on July 3, 2012, respectively, was repaid. However, according to the respective descriptions in the evidence B Nos. 1 and 7, this is attached.
2. The purport is that the person is KRW 7,00,000,000 on April 29, 2009, and KRW 5,000,000 on July 31, 2012, of the remittance list.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 3, Eul evidence 1 to 7 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination as to the claim against the defendant B
A. The Plaintiff asserted on June 17, 2008 agreed to lend money with the interest rate of 2.5% per month to Defendant B, and thereafter, from June 17, 2008 to February 25, 2011, the Plaintiff wired money of 259,000,000 won to Defendant C or D’s bank accounts in the name of the Defendant during twelve times from June 17, 2008, and lent the above money to Defendant E. From August 4, 2008 to July 3, 2012, the Plaintiff transferred money of 279,949,80 won from Defendant B to 36 times in total, and appropriated the principal of the loan to repay the loan of this case, and thus, the Defendant applied the amount of the loan to the Plaintiff at the rate of 69,229,634 won per annum from July 30, 2014 to July 30, 2014.