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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. On December 3, 2003, the Plaintiff asserted that the Defendants lent KRW 22 million to the Plaintiff and sought payment of the said money.
The Defendants asserted that the Plaintiff and Defendant C received KRW 22 million from the Plaintiff on December 3, 2003 to Defendant C’s deposit account and did not borrow money. The Defendants asserted that they did not borrow money.
2. Determination
A. Fact 1) The Plaintiff, including disputes related to the construction project of the Plaintiff and Defendant C, invested jointly with Defendant C, etc. from February 2003 to Defendant C, who is the mother of Defendant B, and is an apartment house with the second underground floor and the fourth floor above the ground in Mapo-gu Seoul Metropolitan Government D, etc. (hereinafter “E”).
(1) The Plaintiff and Defendant C used the remainder of KRW 63 million after deducting interest from the borrowed money transferred to F, upon the Plaintiff’s request on December 3, 2003, the Plaintiff and Defendant C completed the registration of initial ownership of 1/2 shares in the name of F, and on November 28, 2003, the registration of initial ownership of each 1/2 shares in the name of Defendant B. From November 28, 2003, the Plaintiff and Defendant C borrowed the above E as debtor F, joint guarantor as Defendant B, and the joint guarantor as Defendant B. Defendant B used the remainder of KRW 63 million after deducting interest from the borrowed money transferred to F. Defendant B received KRW 26 million from the borrowed money at the Plaintiff’s request on or around December 3, 2003 (Evidence 3) and the receipt stating that “any authority was delegated to the Plaintiff,” and “any authority was delegated to the Plaintiff as Defendant C’s deposit account.”
The Plaintiff and Defendant C agreed to the effect that “In lieu of delegation by the Plaintiff to Defendant C of the right to their shares of E, Defendant C shall pay KRW 150 million out of KRW 200 million of the Plaintiff’s investment principal to Defendant C until November 30, 2004, and the remainder of KRW 50 million shall be repaid in consultation with the Plaintiff later,” on November 30, 2004. However, the Plaintiff and Defendant C thereafter agreed to the effect that “The Plaintiff shall thereafter make reimbursement in consultation with the Plaintiff.”