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1. The plaintiffs' claims against the defendants are all dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The parties' assertion
A. The Plaintiffs: (a) around early 2008, Defendant D’s friendship E operated a gallon in Seoul while running a gallon in Seoul; (b) from June 17, 2008 to August 8, 201, the Defendants provided loans from June 17, 2008 to the Defendants for the period of repayment for three months from the date of the loan; (c) three months from the date of the loan; (d) three months from the date of repayment until January 10, 201; and (e) three months from January 10, 201 to 8% from January 10, 201.
Since then, Plaintiff A loaned the Defendants a total of KRW 100 million on September 7, 201, KRW 190 million on October 7, 201, KRW 700,000,000,000 on October 7, 201, and KRW 700,000,000 on November 7, 201; however, only KRW 283,000,00 among them was paid; Plaintiff B also borrowed the Defendants a total of KRW 650,00,000 on September 7, 201, KRW 200,000,000 on October 7, 201, and KRW 650,000,000 on November 27, 201, but only received reimbursement of KRW 243,00,00 among them.
At the time of the above lending, the Defendants were jointly and severally and severally liable for use and profit-making. As such, the Defendants jointly and severally liable for the loan amounting to KRW 417 million to Plaintiff A (i.e., KRW 70 million - KRW 280 million - KRW 283 million), the loan amounting to KRW 47 million to Plaintiff B (i.e., KRW 650 million - KRW 240 million - KRW 23 million), and each of them is jointly and severally liable for payment of the agreed interest or delay damages calculated at a rate of 30% per annum from November 8, 2011 to the date of full payment.
B. Around February 2008, Defendant D, who operated a gallon, operated a gallon E, started investment related to the above art sales business (hereinafter “instant investment”). After introducing the instant investment to the Plaintiffs, the Plaintiffs began to make an investment related to the above art sales business (hereinafter “instant investment”). Since June 2008, the investment principal and the date of allocation of profits are two months or three months from the date of investment, the return rate is eight to ten percent from the date of investment, and the dividend principal and profits are paid.