beta
Text
The plaintiff's claim against the defendants is dismissed in entirety.
Litigation costs shall be borne by the plaintiff.
Reasons
1. Determination as to a claim for KRW 59.7 million for a loan or tort
A. The plaintiff asserted (1) : the plaintiff made a loan on December 7, 2009 to the defendant C and the defendant B, who is his wife, with the name of the purchase fund for the land located in Kim Jong-si; the amount of KRW 14 million on December 7, 2009; the amount of KRW 16 million on December 10, 2009; the amount of KRW 970,000 on December 11, 2009; the amount of KRW 10,000 on December 23, 2009; and the amount of KRW 597 million on January 25, 2010; the defendants jointly and severally agreed to repay the above loan to the defendant Eul and the defendant B; the plaintiff established the above loan for the purpose of investing in the real estate business under the name of the investment company and limited liability company (hereinafter referred to as EF company prior to the change; hereinafter referred to as "EE") with the defendants.
Therefore, the Defendants are jointly and severally liable to pay the Plaintiff damages amounting to KRW 59.7 million or damages amounting to KRW 59.7 million and damages for delay after February 1, 2010.
(2) Defendants: Defendant B did not know the Plaintiff and did not jointly and severally repay the loan. However, Defendant C was only engaged in a transaction by using Defendant B’s account with bad credit standing.
In addition, while the Plaintiff operating a licensed real estate agent office, he recommended Defendant C to make an investment in the auction real estate, and Defendant C has received at the request of the Plaintiff, payment of auction deposit and sales price, etc., and the proceeds from the disposal of the sold real estate. The Plaintiff did not pay Defendant C the remaining balance of 14,569,120 won after disposing of Defendant C of Nos. 301, 300, 100, 1000, 306, 306, 14,722, 610 won after disposing of Defendant C’s 11, 209, 300, 300,000 won on April 30, 2009; and Defendant C’s KRW 300,000,000 on June 29, 2009; and