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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 both claims;
A. From March 2012 to April 2012, the Plaintiff, the cause of the Plaintiff, in relation to the business of the E hotel located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant hotel”), loaned KRW 318 million to the Defendants a sum of KRW 300 million in the lease deposit of the said hotel and KRW 18 million in the facility construction cost, etc., and agreed to be paid KRW 10 million each month from May 2012 as interest on the said loan by the Defendants.
The Defendants paid KRW 87,324,00 to the Plaintiff from May 2012 to April 2013.
Therefore, the Defendants are obligated to pay the Plaintiff KRW 102,676,00,00 (i.e., KRW 318 million and unpaid amount (i., KRW 102,676,000) (i.e., the total amount of KRW 190,000,000, which was agreed upon by the Defendants from around May 201, 201 to November 2013 for the 19-month period from around the closure of the hotel business of the instant case - KRW 87,324,00,00, which was paid by the Plaintiff by the Defendants (i.e., KRW 318,000, KRW 102,676,000) and damages for delay.
B. Defendant B and the Plaintiff asserted the Defendants: (a) leased the instant hotel from F to run accommodation business, etc. in the instant hotel; and (b) concluded a partnership agreement with Defendant C to manage the instant hotel.
The Plaintiff transferred KRW 300 million out of the deposit for the lease of the hotel in this case to F pursuant to the above agreement for the same business, and paid KRW 18 million to the Defendants for the brokerage fee for the lease of the hotel in this case and the expenses for the repair of the facilities. From May 2012 to April 2013, Defendant C received KRW 87,324,00 as a profit from the hotel in this case’s business from May 201 to April 2013, the Plaintiff received KRW 87,324,00 as a profit from the hotel in this case. Thus, the Defendants did not borrow KRW 318,000 from the Plaintiff.
2. The fact that the Plaintiff remitted KRW 300 million to F, and that the Defendant C remitted KRW 10 million to Defendant C on April 2, 2012, KRW 10 million on April 12, 2012, KRW 4 million on April 16, 2012, and KRW 3 million on April 16, 2012 to Defendant B includes either the dispute between the parties or the number of evidence No. 1.