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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. The Plaintiff’s claim against C, etc. 1) As of August 26, 2013, the Plaintiff entered into each credit transaction agreement with C as of August 26, 2013 with the credit limit amounting to KRW 950 million, interest rate of KRW 9.4 million, annual interest rate of KRW 9.4% (interest rate of delayed damages), annual interest rate of August 26, 2016, the credit transaction agreement with the expiry date of the credit period as of August 26, 2016, the same day limit amounting to KRW 30 million, annual interest rate of KRW 9.4% (interest rate of delayed damages rate of KRW 19%), annual interest rate of KRW 9.4%, and each credit transaction agreement with the expiration date of the credit period as of August 26, 201
Based on this, C lent a total of KRW 1.25 billion to C. 2) C established and operated a pharmacy listed in the separate sheet from November 25, 2011.
C On August 21, 2013, in order to secure the performance of the obligations owed to the Plaintiff under the instant agreement, C transferred insurance benefit claims held or to be held by the National Health Insurance Corporation (26 billion won) to the Plaintiff. On August 22, 2013, C notified the National Health Insurance Corporation of the foregoing assignment of claims.
3) As of December 26, 2016, the amount not repaid out of the loans under the instant agreement is KRW 552,743,069 in total (i.e., principal amount: KRW 500,488,944; KRW 52,254,125 in total). (ii) Defendant A entered into a business transfer agreement; and (iii) Defendant A was operating each pharmacy with the trade name of “D pharmacy”; and (iv) Defendant B was operating each pharmacy with the trade name of “E pharmacy.”
2) On December 31, 2015, C and the Defendants agreed to transfer the instant pharmacy’s business to the Defendants at KRW 1.3 billion (hereinafter “instant business transfer agreement”).
(3) The building of Seongdong-gu Seoul, where the instant pharmacy is located, is owned by H and I, the representative director of G Co., Ltd. (hereinafter “G”). The Defendants are to lease the first floor of the said building with H and J, the agent of H on January 7, 2016, KRW 500,000, KRW 36,000, and KRW 36,000,000, and the period from January 8, 2016 to January 7, 2018.