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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. Facts of recognition;
A. Defendant B and E established for the purpose of manufacturing parts of equipment from June 7, 2012 to January 28, 2013, and the Plaintiff was registered as the auditor from January 28, 2013 to March 17, 2016, respectively, as the representative director, F (E’s children), and G (Defendant B’s children) were registered as the internal director and the Defendant C’s auditor, and thereafter the Plaintiff was in charge of the internal director solely.
On the other hand, Defendant B is the Plaintiff’s higher-ranking relationship, and Defendant C reported a marriage on November 26, 1985 with Defendant B, but reported a divorce on October 4, 200.
B. On July 25, 2012, the Plaintiff remitted the amount of KRW 50 million (hereinafter “loan”) to D’s account (hereinafter “loan”); ② the sum of KRW 30 million on January 25, 2013 and KRW 20 million on January 28, 2013 (hereinafter “the sum of KRW 30 million and KRW 20 million”); ③ the sum of KRW 50 million on September 13, 2013, KRW 50 million (hereinafter “loan”); and ④ the amount of KRW 20 million on October 29, 2013 (hereinafter “non-permanent loan”).
【Ground of recognition】 The fact that there has been no dispute, Gap's 1, 2, 5, 6, 11, Eul's 1-1, Eul's 6, 7, and the purport of the whole pleadings
2. The assertion and judgment
A. Plaintiff’s assertion 1) The Defendants, as one of the married couple, operated D with the most married couple. Defendant B, even if she borrowed money from the Plaintiff for the purpose of operating funds for D, it did not have the intent to repay it and was used for other purposes, by deceiving the Plaintiff, thereby inducing the Plaintiff to use D’s operating funds for the amount of KRW 152 million (=50 million) from the Plaintiff to KRW 152 million (=50 million) from the Plaintiff’s total amount of KRW 50 million (i.e., KRW 50 million). Defendant C actively participated in the act of acquiring the said money by means of partial repayment of interest or principal related to loans from the Plaintiff to the No.440, and the Defendants actively participated in the act of acquiring the said money from D’s account even after the Plaintiff was registered as the representative director.