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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. Summary of the parties' assertion
A. Plaintiff 1) D and E (hereinafter “D, etc.”)
Around May 20, 2012, the Plaintiff received an amount equivalent to KRW 150,000 from the Plaintiff for the sale proceeds of agricultural products (malm) and acquired it by fraud (hereinafter “instant crime”).
A) Accordingly, the Plaintiff filed a criminal complaint with the investigative agency against D, etc. for the purpose of evading criminal punishment against D, etc. The Defendants are a notarial deed stating that “The Plaintiff, on August 24, 2012, lent KRW 50 million to F Co., Ltd. (hereinafter “F”), and F borrowed this amount and borrowed the principal amount until December 30, 2012, and if F fails to perform the said obligation, it shall be deemed that there is no objection even if compulsory execution is conducted immediately.”
(2) The Defendants are liable for compensating the Plaintiff, even if they do not so, on the basis of the instant notarial deed, the Defendants are liable for compensating the Plaintiff of KRW 50 million, on the basis of the instant notarial deed. However, the Defendants are liable for compensating the Plaintiff of KRW 50 million, inasmuch as the Defendants were unable to recover the amount equivalent to the above notarial deed due to the said notarial deed’s unlawful act.
B. Defendant B requested D to act as a real estate broker at the G Licensed Real Estate Agent Office in order to dispose of the gas station in the course of operating the F. However, if D was accused of a criminal complaint due to the failure to repay the borrowed money, Defendant B would be liable for the borrowed money in the F’s name, and the real estate intermediary is also responsible for and responsible for real estate brokerage.