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1. The plaintiff's main claim is dismissed.
2. The Defendant’s KRW 62,00,000 for the Plaintiff and its related expenses on May 21, 2015.
Reasons
1. Determination as to the claim for damages caused by a primary tort
A. Plaintiff’s assertion 1) Around March 2013, 2013, the Plaintiff became aware of the Defendant’s death with the Plaintiff’s spouse and became related thereafter. Around January 2014, the Plaintiff and the Defendant agreed to lend money to the Plaintiff by: “Around January 2014, the Defendant introduced a large amount of money to the Plaintiff and lent money to the Plaintiff by offering that “if the land crossingd has come to exceed 85,00,000 won due to an auction, the Plaintiff may withdraw the auction; (a) the Plaintiff withdraws the auction; and (b) selling the land to repay the money by disposing of the land.” As soon as the Plaintiff was rapid, the Plaintiff lent KRW 10,50,000 (No. 1) to the Plaintiff on January 22, 2014, the Defendant introduced a large amount of money to the Plaintiff and lent the money to the Plaintiff, thereby lending the money to the Plaintiff.”
Around February 2014, the Plaintiff, the Defendant, C, and C, as C, have drawn up a loan certificate (amounting to KRW 85,00,000) as C, and C did not pay the interest rate on only the loan certificate received from the Plaintiff.
The defendant, as he received money directly from C, was called a me about.
However, in fact, C has not paid 85,000,000 won to the defendant.
3) As can be seen, C continued to demand the Plaintiff to pay the money, even though it did not have to pay the money to the Plaintiff or the Defendant. On February 26, 2014, the Plaintiff, who did not pay the money, delivered KRW 11,000,000 to C in cash. 4) Thereafter, around March 2014, C asked C to pay the money to the Plaintiff, and demanded C to pay the money even after having paid the bonds.
C On March 21, 2014, the Plaintiff moved to a certified judicial scrivener office. At this point, C introduced D, a bond company, and made a loan certificate by borrowing KRW 50,000 from D, and set up a collateral security of KRW 75,00,000 on the land of five parcels including the original city E.