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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. Basic facts
A. C, on September 11, 2014, issued promissory notes with face value of KRW 187,500,000 at face value, payee, date of payment, place of payment, place of payment, and place of issuance in blank each. On the same day, C, owners and debtors C, credit service providers, loan amount, contract date (date of loan), contract date (date of loan), loan term expiration date, interest rate and all of them were issued to D, the Plaintiff’s loan broker.
B. On September 11, 2014, the Plaintiff remitted KRW 125,000,000 to C as a loan.
C. On September 11, 2014, C transferred KRW 55,000,000 to Defendant A and KRW 25,000,000 to Defendant B at the request of D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff’s assertion C was notified that, through D, the Plaintiff’s loan broker, 45,000,000 won was sought from the Plaintiff, but it was impossible to lend as a result of inquiry about the lending limit.
In addition to C, Defendant A applied for a loan of KRW 55,00,000 and KRW 25,00,000 by Defendant B to obtain each loan, and the Plaintiff may obtain a loan of KRW 125,00,000.
D On September 11, 2014, upon receipt of a request from C to: “Defendant A’s agricultural bank account of KRW 55,000,000,000; Defendant B’s one bank account of KRW 25,00,000,000”; accordingly, C wired the said money.
After that, C was able to obtain a loan of KRW 45,00,000 from the beginning, but D was aware that it committed a fraudulent act that she should obtain a loan with the Defendants.
C There is a claim for return of unjust enrichment against the Defendants, and the Plaintiff transferred the above claim for return of unjust enrichment to the Plaintiff, so the Defendants are obligated to pay the Plaintiff the same money as the purport of the claim.
B. The Defendants’ assertion (1) Defendant A lent KRW 55,00,000 to E on September 5, 2014, and Defendant A would be deposited in the name of C when E repaid the loan to Defendant A.