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1. Defendant C shall be fully paid 10 million won to Plaintiff A, 100 million won to Plaintiff B, and 100 million won to each of the said money from June 1, 2019.
Reasons
1. Determination as to the claim against Defendant C
A. Comprehensively taking account of the overall purport of the arguments in the statements in evidence Nos. 1 through 3, 1, and 2, Defendant C may recognize the fact that: (a) on December 3, 2015, Defendant C received KRW 100 million from Plaintiff A; (b) Defendant C entered into a contract with the 3,015, 253,575 square meters of E-1,223 square meters of land (hereinafter “instant land”); and (c) Defendant C paid the said money received from the Plaintiffs as the down payment of the above sales contract; and (d) Defendant C prepared and issued a written confirmation of repayment (hereinafter “instant confirmation”) to be liable for 200 million won of the said paid money to the Plaintiffs on May 1, 2018.
B. According to the above facts of recognition, Defendant C appears to have borrowed KRW 100 million from Plaintiff A and KRW 190 million from Plaintiff B. Of the above money, Defendant C is obligated to pay damages for delay to Plaintiff A within the limit of KRW 200 million on the confirmation document of this case that Defendant C promised to pay as requested by the Plaintiffs, within the limit of KRW 200 million.
C. (1) The Plaintiffs in Defendant C decided to invest in the instant land along with Defendant C, and divide the future profits into 1/3 shares, respectively.
Accordingly, the plaintiffs did not lend money to the defendant C for the purpose of investment.
(2) We examine the following facts: (a) there is no evidence as to (i) whether to invest in any business, (ii) to make profits, and how to distribute profits; (iii) the purchase price of the instant land is more than three billion won and the amount paid by the Plaintiffs to Defendant C is less than 290,000,000 won, but the amount paid by the Plaintiffs to Defendant C is less than 1/100,000,000,000,000,000 won; (b) it is an example that the Plaintiffs and Defendant C received 1/3 of