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1. The plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Facts of recognition;
A. On October 30, 2008, Plaintiff A, as the agent of Plaintiff B, a joint and several surety, and the Defendant, on October 30, 2008, set the maturity of KRW 140,000,000 to Plaintiff A on October 30, 2008, the interest rate of KRW 140,000 shall be set at 1% per annum, and the delay damages shall be 20% per annum. Plaintiff B guaranteed the Plaintiff’s obligation under this contract, and agreed to jointly and severally repay the obligation with Plaintiff A. If the Plaintiffs fail to perform their obligation under this contract, they entrusted the preparation of a notarial deed of monetary consumer loan contract with the Defendant that there is no objection even if they are immediately subject to compulsory execution, and accordingly, the notary public drafted a notarial deed of monetary consumer loan contract (hereinafter “notarial deed”, 208, and the contents of this contract constituted “money loan contract”).
B. The Plaintiff A’s female-friendly job offers E was prosecuted for committing a crime stating that “The Plaintiff acquired KRW 34,900,000 from April 18, 2007 to September 12, 2007, and acquired KRW 63,00,000 from November 14, 2007 to January 18, 2008 (Seoul Central District Court 2017Da841),” and was convicted of the said court on November 15, 2017, and the said judgment became final and conclusive on November 23, 2017.
[Ground of recognition] Facts without dispute, Gap 1, 2, 15, 16, and 20 items of evidence, the purport of the whole pleadings
2. The parties' assertion
A. Around 2007, Plaintiff A loaned KRW 34,900,000 to E, who was a woman-friendly Gu at the time, including the money he/she held and borrowed KRW 21,200,000 from the Defendant. The Defendant additionally lent KRW 63,00,000 to E.
However, while the defendant was unable to receive the above loan from E, the plaintiff A needs to prepare a notarial deed for the purpose of presenting it to her mother, and the sum of the loan borrowed by the plaintiff A as well as the loan borrowed money by E is added.