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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. The plaintiff asserted that on October 30, 2007, the plaintiff lent KRW 100 million to the defendant B (hereinafter "the money of this case"), and the defendant B invested in D Co., Ltd. (hereinafter "D") with the above loan of this case, the defendant B is obligated to pay the above loan of KRW 100 million and the damages for delay to the plaintiff.
As to this, Defendant B did not borrow money from the Plaintiff, and invested the instant money in the name of Defendant B, who is a bad credit holder, in the name of Defendant B, and Defendant B also paid profits received from Defendant D to the Plaintiff, and even if the loan was a commercial bond, the loan claim was extinguished by the completion of prescription.
B. The judgment of a loan for consumption becomes effective when one of the parties agrees to transfer the ownership of money or other substitutes to the other party, and the other party agrees to return it in the same kind, quality and quantity (Article 598 of the Civil Act). Even though there is no dispute as to the fact that the amount of money may be received between the parties, the cause that the plaintiff received is a loan for consumption, and the defendant bears the burden of proving that it was received due to the loan for consumption when it is asserted
(See Supreme Court Decision 72Da221 delivered on December 12, 1972). Therefore, as to whether the amount of this case for which the Plaintiff sought to return to Defendant B is a loan under a loan agreement under the Civil Act, the health care unit, the fact that the Defendant received KRW 100 million from the Plaintiff on October 30, 2007 and prepared a receipt (Evidence A No. 3) with the Plaintiff on October 30, 2007, there is no dispute between the parties, and according to the evidence No. 12, the fact that Defendant B told the Plaintiff at the time of transfer of the instant amount that “the instant amount is responsible for the payment.”
However, Gap evidence Nos. 7, 8, 9, 12, 13, and Eul Nos. 2, 3.