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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. D’s lease and operation 1) Defendant B, on November 19, 2008, owns a gas station located in Chungcheongnam-gun E from D on November 19, 2008, 1,492 square meters, buildings (228.00 square meters, 73.55 square meters per Dong-1st floor, 49.5 square meters per Dong-dong 1st floor, and its appurtenant facilities (hereinafter collectively referred to as “instant gas station”).
(2) After purchasing the instant gas station and completing the registration of ownership transfer, Defendant B leased the instant gas station to New Chang Energy Co., Ltd. at around that time with the lease deposit amount of KRW 70 million, monthly rent of KRW 3 million. Upon the termination of the said lease contract, Defendant B leased the instant gas station to D on March 18, 2009, with the lease deposit amount of KRW 50 million, monthly rent of KRW 3 million, and the lease term of KRW 50 million from April 1, 2009 to March 31, 2014.
3) Accordingly, D completed the registration of petroleum selling business on April 1, 2009, and thereafter thereafter, D began to operate the instant gas station in the name of “F station”. B. D’s rehabilitation procedures and first loan 1) D, while operating the instant gas station, filed an application for commencement of rehabilitation procedures with the Cheongju District Court 201Mo5 on October 17, 201, and received a decision to commence rehabilitation procedures from the same court on November 16, 201.
2) The Plaintiff loaned KRW 40 million to D on December 8, 201, as the introduction of G, the office manager of G, who was a lawyer representing D in the above rehabilitation procedure, to D on December 8, 201, at interest rate of 24% (monthly 800,000), and concluded a contract for sales profit distribution to be additionally paid KRW 1.2 million out of the profits of the instant gas station by deeming it as the investment to be the amount to be paid to D in the instant gas station (hereinafter “first loan”).
3) At the time G was decided to discontinue the rehabilitation procedures on January 30, 2012, G provided real estate owned by itself as security to secure the first loan obligation. 3) After that, D was decided to discontinue the rehabilitation procedures in the same court.
C. D’s automatic set-off lease D’s automatic set-off lease for the purpose of installing and operating it in the instant gas station on January 27, 2012, the automatic set-off period from D’s case to D’s case.