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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. 원고의 주장 일자 금액(원) 비고 2013. 5. 7. 2,000,000 피고 C 계좌로 송금한 19,000,000원 중 피고들이 대납한 샷시대금 17,000,000원을 공제한 나머지 2013. 5. 23. 5,000,000 피고 C 계좌로 송금 2013. 12. 15. 20,000,000 ″ 2017. 6. 30. 5,000,000 피고들이 요청한 D 계좌로 송금 2017. 7. 5. 10,000,000 ″ 2017. 11. 15. 2,000,000 피고 B 계좌로 송금 2018. 10. 25. 3,000,000 ″ 2018. 11. 6. 10,000,000 ″ 합계 57,000,000
A. From May 7, 2013 to November 6, 2018, the Plaintiff paid the Defendants totaling KRW 57 million as indicated in the following table.
This is either leased or paid without cause to the Defendants, and the Defendants paid only the total of KRW 11 million to the Plaintiff. As such, the Defendants are obligated to repay or return to the Plaintiff the remainder of KRW 46 million (= KRW 57 million - KRW 11 million).
2. Determination
A. According to the overall purport of evidence Nos. 1 and 2 as well as the entire pleadings, the Plaintiff may recognize the fact that the Plaintiff remitted a total of KRW 57 million from May 7, 2013 to November 6, 2018, to the deposit account of the Defendants or a third party requested by the Defendants, as alleged by the Plaintiff.
B. However, in light of the following circumstances, the Plaintiff loaned money to the Defendants, as alleged by the Plaintiff, on the sole basis of the following facts, in full view of the respective entries and arguments stated in Gap evidence Nos. 3, 4, 6, 7, 23 through 27, Eul evidence Nos. 4, 5, 10 through 12, 14, and 15 (including the serial numbers) and the overall purport of the pleadings.
It is insufficient to recognize that the payment was made without any cause, and there is no other evidence to acknowledge it.
1. In addition to the items claimed by the Plaintiff, the Plaintiff and the Defendants have received money from time to time on the grounds of monthly rent of the carpet operated by the Plaintiff, the expenses for the payment of the construction cost, the fees for attorney fees, the loans, and the introduction expenses related to the Plaintiff’s business, and the past years between both sides.