Text
1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. The fact that D Co., Ltd. remitted KRW 28 million to the Defendant Company’s account on March 9, 2016, the fact that Plaintiff A remitted KRW 15 million to the Defendant Company’s account on April 6, 2016, and that E remitted KRW 28 million to the Defendant Company’s account on April 14, 2016 may be recognized in full view of each of the statements in the evidence No. 4-2, 3, and 1.
2. The parties' assertion
A. The plaintiffs asserted that both the above money were loans to the defendant (the plaintiff argued that it was an advance payment for miscellaneous purchase price, but the plaintiff changed such argument) D transferred the loan claim of KRW 28 million to the defendant Eul, and Eul transferred the loan claim of KRW 28 million to the defendant Eul, and the defendant is obligated to pay the plaintiff A the loan claim of KRW 43 million (= KRW 28 million) to the plaintiff (= KRW 15 million), KRW 28 million to the plaintiff Eul, and damages for delay.
B. As to this, the Defendant asserted that all of the instant money was merely the transaction details between the Plaintiffs, D or E, and that the Defendant did not borrow money from the Plaintiffs, D or E.
3. Determination
A. The witness G’s testimony and evidence Nos. 1 and 2 are written as evidence that seems consistent with the Plaintiff’s assertion that each of the instant money was paid as loans to the Defendant.
However, the witness G is the husband of the Plaintiff B and the party who directly traded with F, who is called the Defendant’s field director, and the purpose of testimony was to lend the money that the representative of the Defendant Company H has believed to have repaid each of the instant money.
However, it is difficult to believe the above witness's statement as it is in light of the status as a substantive party or specific transaction circumstances with F.
In addition, evidence A Nos. 1 and 2 is a document stating F's statement, according to the overall purport of entry and pleading Nos. 8 and 12-1, F bears the responsibility of the Defendant in connection with the instant transaction, and D.