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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. Defendant C is the representative director of Defendant B Co., Ltd. (hereinafter “Defendant Company”).
B. On May 1, 2017, the Defendants: (a) the Defendant Company as the primary debtor; and (b) the Defendant C as a joint and several surety; and (c) the Plaintiff prepared a loan certificate with the following content:
(A) No. 1-1) The representative director C of the defendant company in the certificate of borrowing shall borrow the business fund and deliver the certificate to the creditor in relation to the promotion of the "D detached Housing Site 2" project as follows:
1.Franchis: Shall borrow the above sum of KRW 1,000,000,000,000,000, and agree as follows:
2. Date of payment: The date of payment shall be calculated on the basis of the date of payment, and repayment shall be made within six months from the date of payment.
(Business Bank Account E Savings Bank Account B)
3. Method of payment: To make a lump sum repayment to creditors within six months.
(hereinafter omitted)
C. The Plaintiff sent KRW 300,000,000 to the Defendant Company’s account through F on May 1, 2017.
(A) No. 1-2) d.
Defendant Company returned KRW 300,000,000 to the Plaintiff
(Facts accepted by the plaintiff). 【No dispute exists, Gap evidence 1-1 and 2, and the purport of the whole pleadings.
2. The parties' assertion
A. If the Plaintiff invested KRW 500 million in the Defendant company, the Plaintiff and the Defendants agreed to reimburse the Plaintiff KRW 1 billion after six months.
The Plaintiff actually invested KRW 300 million in the Defendant Company, and the Defendants made an oral agreement to repay KRW 100 million in addition to KRW 300 million invested by the Plaintiff in the process.
The Defendants, however, are obligated to pay KRW 100 million which has not yet been paid to the Plaintiff, since they paid only KRW 300 million to the Plaintiff.
B. The Defendants did not enter into an additional repayment agreement as asserted by the Plaintiff.
3. The testimony by the witness G of the judgment on the cause of the claim is that the above witness is a person who has a same interest with the Plaintiff claiming that the said witness has a claim against the Defendants.