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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. On July 4, 2005, the defendant prepared and delivered to the plaintiff A a certificate of borrowed money stating "200,000,000 won for borrowed money, interest rate of February 28, 2006, 15% per annum, and Plaintiff B Return."
B. Around October 19, 2005, the Defendant drafted and delivered to the Plaintiff a loan certificate stating that “30,000,000 won was borrowed from the Plaintiff, and Plaintiff B returned.”
C. Since then, the Defendant received 50,000,000 won from the Plaintiff on the ground that the Defendant paid excessive loans to the Plaintiff A.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiffs' assertion 1) The plaintiff Gap lent to the defendant on July 4, 2005 the amount of 100,000,000 won and the amount of 300,000,000 won and 15% per annum on February 28, 2006 and 15% per annum. (hereinafter "the first loan")
(3) On October 19, 2005, the loan of KRW 30,000,000 was made (hereinafter “second loan”)
(2) On February 15, 2012, the Defendant received 50,000,000 won by intimidation of the Plaintiff (hereinafter “Plaintiff”) from the first loan as of February 15, 2012 when the Defendant settled the amount repaid by the Defendant. Since this was paid without any legal cause, the Defendant is obligated to return the said amount as unjust enrichment.
3. Accordingly, the defendant asserts that the plaintiff Eul, the holder of the above loan certificate, is primarily liable to pay the plaintiff A the outstanding principal of KRW 17,988,021 and the unjust enrichment of KRW 50,000,000 and delay damages.
B. As to the Defendant’s assertion, the Defendant borrowed KRW 100,000,000 from the Plaintiff on February 18, 2003, and KRW 200,000,000 on July 4, 2005 at 9.6% per annum, and borrowed KRW 30,000,000 on October 19, 205 without interest agreement, and all of the above loans were repaid, and KRW 50,000,000 paid from the Plaintiff was paid by the Plaintiff.