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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The main point of the plaintiffs' assertion is to receive 15% interest (7.5% if calculated on a monthly basis) from the defendant in the second month from the defendant, and the same year from February 2013.
5. The Plaintiff A lent KRW 34 million to each Defendant, and the Plaintiff B lent KRW 10 million to each Defendant.
The defendant paid some interest to the plaintiffs until August of the same year and did not pay interest any more.
Therefore, the Plaintiffs seek against the Defendant payment of the above loans and interest calculated at the rate of 25% per annum from September 1, 2013 to the extent of the agreed rate.
(1) The Plaintiff asserts that the Defendant made an investment on the condition of guaranteeing the principal and the profits of the above interest rates (see, e.g., Supreme Court Decision 2008Da15488, Apr. 2,
However, in the case of the plaintiffs' investment in D's business, the defendant collected investments from D and delivered them to D and distributed proceeds received from D to the plaintiffs, and it is argued that the plaintiffs did not directly borrow money from the plaintiffs or guarantee the return of the principal of investment or the payment of the principal of investment to the plaintiffs. The evidence submitted by the plaintiffs alone is insufficient to recognize the fact that the defendant borrowed the above money from the plaintiffs, or that the defendant agreed to pay the return of the above money or the payment of the profits to the plaintiffs, and there is no other evidence to acknowledge it.
3. According to the conclusion, the plaintiffs' claim of this case is dismissed in entirety as it is without merit.