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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. Facts of recognition;
A. The Plaintiff and D are those who were sexual intercourses, and Defendant C is a arbitr of Defendant D, Defendant B is a kind of ar, and Party E is a ar’s ar.
B. On December 22, 2010, the Plaintiff drafted a lease agreement (hereinafter “instant lease agreement”) under which the Defendants rent F apartment 201 Dong 201-dong 201 to KRW 90,000 (hereinafter “instant lease agreement”).
C. On December 2010, the Plaintiff entered into a loan agreement of KRW 70,000,000 from a national bank (hereinafter “the instant loan agreement”) with a loan of KRW 70,000 from a national bank (hereinafter “the instant loan agreement”), and designated the receipt account of the loan as Defendant B’s account in the name of Defendant B (National Bank G).
Accordingly, on December 30, 2010, the National Bank, Inc. remitted 69,613,500 won to the above account (the remainder after deducting stamp taxes, etc. from the loan of this case), and B, on the same day, remitted 67,50,000 won to the account under the E’s name (H), and deposited 2,000,000 won to E.
E from the time of entering into the instant loan agreement to February 2015, the Plaintiff paid the amount equivalent to the interest on the instant loan.
E. On April 18, 2011, E drafted a notarial deed stating that the Plaintiff shall pay the amount of the instant loan to the Plaintiff. Accordingly, around September 2012, E paid KRW 20,000,000 to the Plaintiff.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 8, 9, Eul evidence Nos. 1 and 2, Eul's order to submit financial transaction information to Gwangju Bank Co., Ltd., and the purport of the entire pleadings
2. The assertion and judgment
A. The Defendants asserted that they committed tort against E in violation of the agreement that received the instant loan from the National Bank of Korea, thereby leading the Plaintiff to the Plaintiff.
Therefore, the Defendants, with the exception of KRW 20,000,000 paid to the Plaintiff, shall be KRW 50,000,000.