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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. Around December 2014, D Co., Ltd. (hereinafter “D”) entered into an agency contract with the committee for promotion of the FF Housing Association established for the purpose of constructing apartment buildings in Yeongdeungpo-gu Seoul Metropolitan Government E Group (hereinafter “instant project”) and entered into an agency contract with D to act as an agent for the recruitment of members, establishment of an association, purchase of land, etc.
(No. 5) b.
1) Plaintiff A Co., Ltd. (hereinafter “Plaintiff”)
(D) Around February 7, 2015, the Fent Apartment Model Earsen Corporation (hereinafter “instant construction”) from D around February 7, 2015.
(A) After the Seoul Central District Court 2016 Ma2820 (2016da125413), the conciliation of the instant construction cost was concluded in the claim for construction cost between the Plaintiff Company and D, but the amount set forth in D was not paid properly. On February 16, 2017, the Plaintiff received the claim amount of KRW 141,989,907 (Seoul Southern District Court 2017Na101478) from among the claim for the trust property against D’s garnishee Company G based on the original copy of the said protocol of conciliation, on February 16, 2017.
(A) evidence of heading 4.c.
1) On June 30, 2015, Plaintiff B lent KRW 250 million to D as of December 31, 2015 (Evidence A No. 3; hereinafter “instant loan”) to D on December 31, 2015.
(2) On or after December 18, 2015, D and the instant loan were agreed to extend the due date on or before January 30, 2016 (Evidence 8) (Evidence 8), and D have not repaid the instant loan after the due date for payment. Plaintiff B applied for payment order against D as Seoul Southern District Court Decision 2017Hu154010, and received payment order from the above court on August 22, 2017, “D shall pay the Plaintiff B the amount of KRW 250,000,000 of the instant loan and its delayed payment damages.” The above payment order is issued on October 1, 2017.