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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. Determination on loan claims
A. The Plaintiff’s assertion that Defendant C would lend KRW 60 million to Defendant C’s account to KRW 60,000,000 as it is urgently required to pay money in connection with the “D business”, and that Defendant C would use only 2 months and pay interest.
However, the Defendants are jointly and severally liable to pay the Plaintiff the loan amounting to KRW 60 million and damages for delay, since the Defendants did not repay the Plaintiff after the end of October 2015.
B. There is no evidence to acknowledge that the Plaintiff’s money paid to Defendant B’s account was a loan to the Defendants.
Rather, according to the evidence evidence Nos. 2 and 5, the Plaintiff sent an e-mail sent to Defendant B, the husband of Defendant B, to verify the contents of receiving money from F on July 18, 2018, and attached to the e-mail, “The amount of KRW 30 million in cash on September 2, 2015, and KRW 30 million in cash on September 17, 2015, and KRW 60 million in total, as the Plaintiff’s money, the total amount of KRW 60 million in the requested account by F residing in Indonesia and the amount of KRW 60 million in cash and the amount of KRW 60 million in cash are confirmed as Plaintiff’s money. In light of these facts, the Plaintiff may not be deemed a loan to Defendant B’s account.
The plaintiff's claim for the loan is groundless.
2. Determination on a claim for damages due to a tort
A. The Plaintiff asserted that there exists a business from Defendant C, and when entering into a contract on the face of rebates, the Plaintiff believed that, upon entering the contract, the down payment of KRW 20 billion after two months and entering the down payment, the Plaintiff would repay the said interest along with the Plaintiff’s statement that he would lend KRW 3 billion necessary for the Plaintiff’s intended business, and remitted the said money to Defendant B’s account designated by Defendant C, but the said money was not used for D business.