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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. 1) The Plaintiff is a person who has been engaged in the business of selling gas at a store or home with the trade name called Dgas at a permanent address (hereinafter referred to as “instant gas store”). The Plaintiff is a person who has been engaged in the business of selling gas at a store or home (hereinafter referred to as “instant gas store”).
2) The non-party E is a person who operates the gas pipeline construction business, etc., and the defendant B is his wife, the defendant C is his relative, and the non-party F is his relative.
B. On July 2013, the Plaintiff entered into a contract with Defendant B to transfer all of the instant gas store facilities and operation rights to Defendant B (hereinafter “instant transfer contract”). At that time, Defendant B commenced the operation of the said gas store.
(c)on the receipt of a loan: 65 million won or more shall be borrowed in accordance with the following conditions:
1. The lending period is from July 10, 2013 to July 10, 2014.
2. The interest rate on the borrowed money shall be one million won per month.
3.In the event that interest under paragraph 2 above is not paid, the sum of the interest in arrears and the principal shall be the borrowed amount.
4. Any punishment, such as the seizure of property rights, shall be borne at the time of non-performance after the lapse of the above period under paragraph 1.
On July 10, 2013, the borrower stated in B and C, a creditor A, that only this part of the loan will be accepted.
The Plaintiff holds a loan certificate on July 10, 2013, in which the signature of the Defendants is written, (hereinafter “the loan certificate of this case”). The content is as follows.
On the other hand, on July 10, 2013, the Plaintiff received the passbook from E on the receipt and consumption of passbook from E, and used it up to the maximum amount after being issued with the passbook No. 50 million won from E’s Dong F, and thereafter F repaid the above debt to the bank.
[Ground of recognition] Unsatisfy, Gap evidence 1, 3 (including a branch number, hereinafter the same shall apply), Eul evidence 1, witness F, and E respectively;