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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. Defendant C is the father of Defendant C and Defendant B is the husband of Defendant C and the Plaintiff’s fraud.
B. On December 9, 2012, the Defendants agreed to lend the foregoing security deposit from the Plaintiff at the time of renting Kimhae-si D 502 (hereinafter “instant loan”) for KRW 65 million with the Defendant’s new divorce house (hereinafter “instant loan”). Accordingly, the Plaintiff transferred KRW 5 million to E, a lessor, KRW 60 million on December 9, 2012, and KRW 60 million on December 31, 2012.
C. The Defendants remitted total of KRW 74.8 million to the Plaintiff on February 27, 2013, KRW 20 million on February 28, 2013, KRW 20 million on February 28, 2013, KRW 10 million on March 3, 2013, KRW 18 million on June 5, 2014, and KRW 2 million on June 17, 2014.
[Ground of recognition] Facts without dispute, entry of evidence Nos. 4 through 9 and 12, purport of the whole pleadings
2. The parties' assertion
A. Plaintiff’s assertion 1) The Plaintiff lent to the Defendants the total sum of KRW 65 million to the Defendants for the purpose of the deposit for the lease of a new house. Of that, the Plaintiff was not paid KRW 40 million.2) The Plaintiff received KRW 54.8 million from the Defendants during the period from February 27, 2013 to March 3, 2013. However, at the time of Defendant C’s lease of an officetel 609 (hereinafter “the instant officetel”) on February 24, 2011, the Plaintiff borrowed the deposit amount of KRW 55 million to the Defendant, thereby not being repaid for the instant loan.
3. Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 40 million and damages for delay.
B. At the time Defendant C’s assertion was leased the instant officetel, KRW 55 million received as a security deposit, and it is not leased from the Plaintiff as to whether Defendant C received a donation from Defendant C’s mother-friendly G.
Therefore, the Defendants paid a total of KRW 75,80,000 after leasing KRW 65,00 as the rental deposit for the apartment of this case.
3. If so, the Plaintiff around February 24, 201.