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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. Basic facts
A. The pertinent Plaintiff between the parties is a person who operates a H store in various places, such as G, which is located in the Daegu-gu Frolet store.
Defendant B is the representative of Company I (hereinafter “I”) established for the purpose of manufacturing and selling clothes, and I is a company with the main purpose of sports clothes and sports supplies wholesale retail, etc.
Defendant D is the wife of Defendant B, and Defendant E is the children of Defendant C.
B. On September 2015, the Plaintiff and J agreed to borrow KRW 700 million from the J, together with Defendant C, for the first time with the Plaintiff on September 2015.
Defendant C obtained a check in the name of the Plaintiff, which was kept by J, with the face value of KRW 150 million among them as KRW 250,000,000,000, and directly opened the face value of KRW 200,000,000,000,000, and then affixed the Plaintiff’s seal to J.
Meanwhile, Defendant C stated “payment Guarantee C” and “A” on the per share amounting to KRW 250 million per face value and per share amounting to KRW 800 million per face value.
C. Defendant B’s check delivery against Defendant B was the actual employer of the above KRW 700 million, and upon Defendant B’s request by Defendant B and C, J immediately remitted to the Plaintiff the Plaintiff KRW 96 million after deducting the interest, under the name of KRW 100,000,000,000, which was to be paid to the Plaintiff as the sales proceeds, etc. of the new sale proceeds, of the Daegu KK Building L retail, and the remaining KRW 60,000,000,000,000 after deducting the interest, was delivered to Defendant B via Defendant C.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2 and 7 (including branch numbers, hereinafter the same shall apply) and the purport of the whole pleadings
2. Judgment as to the main claim
A. On September 2015, Defendant B and C claimed the Plaintiff for damages against Defendant B and C, Defendant B and C, who purchased and sold the Plaintiff’s early September 2015, and Defendant B purchased and sold the Plaintiff’s belief, including H and age, thereby getting a lot of profits.