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1. Of the judgment of the court of first instance, the part against Defendant D in the judgment is modified as follows:
Defendant D, Inc.
Reasons
1. The parties’ related Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd.”) is a corporation established on November 19, 199 with the trade name of F Co., Ltd. under E for the purpose of drug wholesale, such as whites, etc., and Defendant C is the representative director of the Defendant Co., Ltd.
2. Determination as to the Plaintiffs’ respective claims for return of loans to Defendant C
A. On May 29, 2012, Plaintiff A transferred KRW 50,000,000 to Defendant C’s account (National Bank H and M), KRW 30,000,000 on December 28, 2012, and KRW 50,000,000 on December 28, 2012, Plaintiff A transferred KRW 205,000,000 to Defendant C’s account (National Bank H and M); Plaintiff B transferred KRW 60,000,000 to Defendant C’s account (National Bank H and M); Plaintiff B transferred KRW 0,000,000,000 to Defendant C’s account; and Plaintiff B transferred KRW 60,000,000,000 on November 14, 2012 to Defendant C’s account (National Bank H and M); and Defendant C transferred KRW 60,000,000,000; and
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 through 4, 9 through 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
B. 1) The plaintiffs' assertion 365,00,000 won (=205,00,000,000 won) which the plaintiffs transferred to the account of the defendant C or the defendant company (i.e., 205,000,000 won) was leased to the defendant C upon the defendant C's request by the defendant C without the agreement on the due date, and the defendant C was paid interest on the above loans. Thus, the defendant C has the obligation to pay the above amount and the damages for delay to the plaintiffs. 2) Since the funds transferred by the plaintiffs by the defendant C as above are loans to the defendant company's own short-term loans by the plaintiffs who were investors of the defendant company and were partners of the defendant company, the defendant C, not the defendant company, is not obligated to return them by borrowing the above funds to its own plaintiffs.
C. The majority of the plaintiffs transferred to the account of defendant C or defendant corporation 365,00.