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Reasons
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(영문) 서울남부지방법원 2017.02.10 2016가단222051
대여금
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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. Basic facts

A. Upon the Plaintiff’s request for lending, on February 18, 201, Plaintiff B transferred KRW 15 million to the account in the name of Defendant D, and Plaintiff A transferred KRW 10 million to the account in the name of Defendant D on May 30, 2011, respectively. Meanwhile, on January 3, 2013, Plaintiff D transferred KRW 1 million to the account in the name of Plaintiff B as interest.

B. On August 12, 2013, E died, and Defendant C (C) and D (M) were tried on September 19, 2016 for inheritance limited recognition under the Family Court Decision 2016-Ma805, J. 2016.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. The Plaintiff’s assertion and determination are the cause of the instant claim. The Defendants knew that the network E borrowed a total of KRW 25 million from the Plaintiffs ( KRW 15 million, KRW 15 million, KRW 10 million, KRW 10 million, KRW 25 million, and KRW 15 million). However, the Defendants used the network E in terms of the above loan’s living expenses and business expenses, etc., thereby gaining profits equivalent to the above loan amount, and thereby, the Defendants suffered damages of KRW 15 million, KRW 15 million, and KRW 10 million, the Defendants jointly and severally liable to return the money claimed as unjust enrichment to the Plaintiffs.

On the other hand, there is no evidence to acknowledge that the Defendants obtained a substantial benefit from the borrowed money, and even if the network E used the borrowed money from the Plaintiffs for the same purpose as the Plaintiffs’ assertion, it cannot be readily concluded that the Defendants obtained a benefit without any legal ground. Therefore, the above assertion by the Plaintiffs is without merit.

3. If so, all of the plaintiffs' claims against the defendants are dismissed as it is without merit. It is so decided as per Disposition.

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