대여금
1. The defendant shall pay to the plaintiff KRW 8,494,270,003 and KRW 3,703,319,710 among them. The defendant shall pay full payment from September 17, 2015.
1. The plaintiff's cause of claim as to the cause of claim is as shown in the attached Form (Provided, That the plaintiff, debtor, defendant, and defendant) and the whole purport of the pleading can be acknowledged by considering the whole purport of the pleading. Thus, the defendant is obligated to pay the amount stated in the order to the plaintiff.
2. The defendant's assertion argues that the defendant's assertion is without merit because it is merely a person who lends only the name of loan under the direction of the representative director of the bank A.
According to the statement of evidence Nos. 1 to 32, the defendant lent the name of No. 1 and 2 to D according to the direction of the representative director C of A bank, and the defendant's act can be recognized as having offered the loan to D in substance. Thus, the first and second loans between the defendant and A bank constitute a false declaration of conspiracy and invalid.
However, since all property owned by the bankrupt at the time that the bankrupt is declared bankrupt belongs to the bankruptcy trustee, the bankruptcy trustee becomes the same status as the general successor of the bankrupt, but if the bankruptcy is declared, the bankruptcy creditor cannot exercise the bankruptcy claim without resorting to the bankruptcy procedure, and the bankruptcy trustee performs his duties with the care of a good manager for the common interest of the whole bankruptcy creditor, so the bankruptcy trustee becomes a third party who has an interest in the property independently with the bankrupt, according to the bankruptcy declaration.
Therefore, in case where the bankrupt is declared bankrupt by a false declaration of intention in collusion with the other party, the most recent claim belongs to the bankrupt foundation, and the bankruptcy trustee who performs duties for the joint interest of the whole bankruptcy creditors in an independent status as an independent status according to the declaration of bankruptcy is substantially new based on the legal relationship formed by such false declaration.