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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The following facts may be acknowledged in full view of the statements in Gap evidence Nos. 1 to 4, Eul evidence Nos. 1, 3, and 4 (including each branch number), witness D, and E's testimony and the whole purport of arguments.
Plaintiff
A was awarded a contract with the F on March 12, 2010 for 256,540,000 construction cost among the 10-based multi-household construction projects, Chungcheongnam-gun G and 10-based multi-household housing construction projects, and even after completing the said construction, A was unable to receive part of the construction cost from F.
B. Around that time, Plaintiff A and F provided the above multi-household housing to the Defendant as security, and received the loan, and the Plaintiff arranged for F to obtain the loan to D at the time of the Defendant, who was aware of in Pyeongtaek, at that time. Accordingly, the Defendant offered F a loan of KRW 1,760,000 to F.
C. However, as F did not pay the interest on the above loan to the Defendant, the Defendant’s president D at the time demanded that the Plaintiff and F pay the unpaid interest instead of the unpaid interest, and that E, who had been an employee of the Defendant at the time, use the Plaintiff A as a substitute for the unpaid interest. D.
Plaintiff
A paid a total of KRW 104,276,430 to the Defendant from December 30, 2010 to December 31, 2013 upon the Defendant’s request.
E. Meanwhile, the Defendant applied for a voluntary auction for multi-household housing that secured F’s above loans, purchased the above multi-household housing after winning the auction procedure, and decided to sell 106 of the above multi-household housing at the successful bid price. Accordingly, Plaintiff A received KRW 36,00,000 as the down payment for the above sale from Plaintiff A.
2. Determination as to the plaintiffs' claims
A. The summary of the plaintiffs' assertion D, E, the defendant purchased the above multi-household house as a voluntary auction in order to pay the plaintiff A the unpaid interest.