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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. The assertion and judgment
A. The gist of the Plaintiff’s assertion (1) The Plaintiff: (a) received the request from the deceased couple E and Defendant B; (b) made Defendant B as a joint guarantor; and (c) lent KRW 14,950,000 in total to the deceased E, as indicated in attached Table 1, 2, and 3, including the commencement of lending KRW 3 million around April 4, 2006.
However, the network E did not repay it and died on July 11, 2014. Defendant B, as a joint and several surety, has a duty to pay the Plaintiff a loan of KRW 144,950,000 and damages for delay.
(2) On December 22, 2010, the Plaintiff: (a) purchased KRW 75,500,000,000 from F for Jeonjin-gu G 314 square meters (hereinafter “instant real estate”); and (b) completed the registration of ownership transfer under the name of the network E; (c) newly constructed and owned a warehouse on the instant real estate; (d) sold the instant real estate to H on January 27, 2014, with KRW 140,000,000.
H paid the purchase price of the instant real estate to the network E on the ground that the title of ownership of the instant real estate is the deceased E, and the network E paid the Plaintiff KRW 80 million out of the purchase price received from H on January 29, 2014, and died as a result, without paying the remainder of KRW 60 million.
Therefore, the Defendants are obligated to return the purchase price to the Plaintiff according to their respective inheritance shares. Defendant B is obligated to pay to the Plaintiff the purchase price of KRW 25,714,285 (=60 million x 3/7), Defendant C and Defendant D respectively (=60 million x 2/7) and the delay damages therefrom.
B. (1) We examine whether the Plaintiff lent KRW 144,950,000 to the network E, as shown in Appendix 1, 2, and 3.
As shown in the plaintiff's argument, I's testimony to the witness of this court is difficult to easily believe in light of the facts and circumstances acknowledged as follows, and evidence Nos. 1, 5, and 7 (including the serial number) are each used.