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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Around January 24, 2014, Nonparty D and the Defendants drafted the following loan certificates (hereinafter “instant loan certificates”).
The loan certificate
1. Amount: 50 million won;
3. Period: The debtor on January 24, 2014 to January 24, 2015: the defendant B joint and several sureties: the defendant C.
B. D used Nonparty E’s account. On January 24, 2014, it withdrawn 40 million won cashier’s checks from the above account and issued 10 million won cashier’s checks to Defendant B.
C. Meanwhile, Defendant B transferred KRW 7 million to the Plaintiff’s Nonghyup Bank account, KRW 5 million on March 2, 2015, KRW 5 million on March 4, 2015, and KRW 3 million on March 6, 2015. On February 27, 2015, Defendant B withdrawn one cashier’s checks of KRW 30 million from the Plaintiff’s Daegu Bank account and issued KRW 5 million to D, and deposited the said cashier’s checks of KRW 35 million on March 2, 2015.
[Ground of recognition] The non-contentious facts, Gap 1, 2, 9 evidence, Eul 1, 2, and 3 evidence (including paper numbers), the result of the response of each order to submit financial transaction information to the Daegu Bank, Lidong Agricultural Bank, and Nonghyup Bank, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion D lent KRW 50 million to Defendant B on behalf of the Plaintiff.
Since Defendant B paid only KRW 15 million (i.e., KRW 5 million in total) and only KRW 3 million in total, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 35 million and delay damages.
B. Defendant B’s assertion was not the Plaintiff but the Plaintiff borrowed KRW 50 million, and thus, the Plaintiff’s claim cannot be complied with.
In addition, Defendant B issued a cashier’s check equivalent to KRW 35 million to D, and the remainder KRW 15 million paid all the above KRW 50 million by transferring to the Plaintiff’s account at D’s request.
3. First of all, we examine whether a person who lent KRW 50 million to the Defendants is the Plaintiff.
D and the Defendants.