beta
Text
1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The plaintiff's ground of claim
A. A. Around January 2004, the Plaintiff purchased the land in the Asan area promoted by the Defendants, a couple and wife, and decided to invest in the business of selling the land in the remaining profit of selling the land. The Plaintiff was requested to lend part of the purchase price of KRW 800 million to the Defendants within 2-3 months, and thereafter lent KRW 300 million to the Defendants at the same time. 2) On the other hand, the Plaintiff again loaned KRW 100 million to the Defendants upon receiving a request from the Defendants for an investment in the land in the astronomical area owned by the Defendant E, a separate city of the Defendant B, with the profits of selling the said land.
3) On or around April 2004, the Defendants repaid the Plaintiff the principal amount of KRW 200 million out of the total amount of the above loans, and repaid each of the principal amount of KRW 100 million on May 1, 2012 and July 7, 2012. However, since the payment of the principal amount of KRW 200 million was made on April 2004, the legal interest of KRW 80 million as to the remaining principal amount of KRW 200 million during the eight-year period from April 2004 to April 2012, the Defendants paid the principal amount of KRW 100 million. If the Defendants paid the principal amount of KRW 10 million on May 2012, the remaining principal amount of KRW 180 million (=the principal amount of KRW 280 million - KRW 100 million) to the Plaintiff (= the principal amount of KRW 1500,150,000,000,000).
5) Therefore, the Defendants are jointly and severally obligated to pay the Plaintiff the remaining principal amount of KRW 81.5 million among the above loans, and the Plaintiff is jointly and severally obligated to pay the Plaintiff damages for delay. (B) Preliminary Claim 1) The Plaintiff, around January 2004, viewed the Defendants’ request to make an investment in the real estate investment business related to D and E, which is their birth and birth, and is engaging in the real estate investment business related to D and E, and invested KRW 400 million to the Defendants.
2. However, in relation to the above real estate investment business, the Defendants are located in the land subject to investment.