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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. The fact that the Plaintiff remitted 190 million won to the account in the name of Defendant C, his father, on May 31, 2007, to the account in the name of Defendant C, which is his father, is not a dispute between the parties.
2. Determination:
A. The plaintiff's assertion asserts that since the defendant B borrowed KRW 190 million from the plaintiff and used it together with the defendant C, or the defendants borrowed and used the above money in collusion with the plaintiff, the defendants are jointly obligated to return the above money to the plaintiff.
B. In light of the following circumstances, which can be recognized by the statements in the evidence Nos. 7 through 11 of the Plaintiff’s assertion, the evidence submitted by the Plaintiff alone is insufficient to deem the above KRW 191 million as a loan to the Defendants, and there is no other evidence to acknowledge it (in collusion with Defendant C, there is no evidence to deem that Defendant C borrowed the above money or used the said money together with Defendant B), and the Plaintiff’s assertion is without merit.
① On May 31, 2007, the Plaintiff and D agreed to set up a collateral on the land owned by D and borrow a loan of KRW 250 million from the Hansan Community Credit Cooperatives to KRW 50 million, the Plaintiff used by the Plaintiff and the Plaintiff to pay KRW 191 million as of the end of each month to D. The monthly interest is paid KRW 1 million to D, and D subsequently agreed to repay the loan amount of KRW 250 million to D to D (Defendant B participated in this Agreement as its agent) as well as KRW 250,000,000,000,000,000 as the maximum debt amount for the said land owned by D was set according to this agreement. As such, it appears that the said agreement has been paid KRW 19,100,000,000 as the maximum debt amount.
② Although the Plaintiff remitted the said KRW 190 million to the account under the name of Defendant C, not D, the Defendant B immediately transferred the said money to D immediately after receiving the said money. As such, it is likely that borrowing the said money from the Plaintiff would beD.