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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. The parties' assertion
A. The Plaintiff’s assertion (1) deposited money into a financial account of the F Co., Ltd. (hereinafter “F”) while lending money to Defendant B that carries out a real estate development project. Defendant C used money together with Defendant B as the representative director of F; Defendant D took part in the use of the said loan as an internal director as Defendant B’s wife; Defendant E, as Defendant C’s wife, participated in the use of the said loan as Defendant C’s wife.
All the Defendants jointly and severally borrowed the Plaintiff’s money and jointly disbursed, and did not repay part of the money.
(2) On March 30, 2012, the Plaintiff left the land at the time of harmony with Defendant B, but if the building cost of KRW 700 million is leased, 50 million would be paid after selling the building in lots, and at least 100 million would be paid. On March 30, 2012, the Plaintiff borrowed KRW 665,000,000 as security and deposited KRW 660,000 in F’s account, and 5,00,000,000 was required to pay KRW 1,50,000,000, such as stamp, bond purchase, registration tax, etc. due to the loan to be borne by Defendant B, and KRW 3,50,000,000 as loan interest of April.
(3) The plaintiff is above the defendant B.
On May 2012 and June 2012, 200 million won was paid, upon request for additional 200 million won, 200 million won was paid from May 2012 to the F’s account.
(4) The Plaintiff was unable to obtain a building permit from Defendant C, and the Corporation was not in progress, and demanded Defendant B to return the money set forth in the above paragraphs (2) and (3), and sold the real estate owned by the Plaintiff and repaid the loans set forth in the above paragraphs (2). From July 20, 2012 to May 3, 2013, the Plaintiff received reimbursement of KRW 726,180,000 in total from the Defendants.
(5) The Defendants shall jointly and severally pay to the Plaintiff the remainder 138,820,000 (6660,000,0005,000,000, 200,000,000 - 726,180,000) and the same shall be fully paid from the day following the delivery date of the copy of the complaint in this case.