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1. The plaintiff's claims against the defendants are all dismissed.
2. Litigation costs shall be borne by the plaintiff.
Reasons
1. Basic facts
A. The Plaintiff, upon lending money from Nonparty D, listened to the purport that he would make a loan to the head of the hospital known to him and would pay interest on the high interest rate. The Plaintiff wired the money to the Daegu Bank account in the name of Defendant C (E; hereinafter “instant account”) designated by D, totaling KRW 235,250,000 (hereinafter “instant money”) five times as follows.
The amount as of October 26, 201, 200, 35,000 on October 26, 2012, 201, 235,250,000 on October 24, 2012, 31, 2003, 231, 200, 150,000 on November 23, 2012, 2012, 17,50,000, 500 on November 26, 2012, 235,250,000 on the aggregate of 8,750,00 on December 27, 2012
B. The deceased died on March 27, 2013, and as the deceased’s heir, Defendant C, the spouse of the deceased, Nonparty B, and Defendant B, the mother, died on January 14, 2014 in the instant lawsuit.
2. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion 1) at the time of the Plaintiff’s payment of the instant money to the network D, D was a person with bad credit standing, and D’s credit business office was operated by the F&D. Thus, despite the absence of intent or ability to repay the instant money even if it was borrowed from D, the Plaintiff was punished by a considerable amount of money through auction and credit business, etc., and at present, the Plaintiff was operating the F&D hospital in Seoul, which would be able to obtain high interest rate by again lending the instant money to the president of the hospital he well knows, and by deceiving the Plaintiff, the instant money was acquired from the Plaintiff.
B. In light of the fact that Defendant C transferred the instant money acquired by the Plaintiff from the Plaintiff to the instant account and then transferred it to another person by using his smartphone banking, and that on November 23, 2012, he remitted KRW 7,500,000 to the national bank account in the name of Defendant C or disbursed KRW 550,000 to the G fee for the management room.