A. On March 27, 2014, C Cooperatives (hereinafter referred to as the “Plaintiff”) entered into a loan agreement with the Defendant on the following terms: (i) the loan amount of KRW 300,000,000; (ii) the date when the loan is completed is March 27, 2017; (iii) the interest rate of KRW 5.207 per annum (12 months change); (iv) the said amount is not repaid as agreed upon; or (iii) if the said amount is not paid in consecutive installments on more than two occasions in accordance with the basic terms and conditions of credit transaction as before the due date, it would lose the benefit of the due date; and (iv) the interest rate at the rate of credit fluctuation was paid to the Defendant on the same day (hereinafter referred to as the “the loan agreement”).

B. The Plaintiff received interest on the instant loan by November 26, 2014, and recovered KRW 174,899 on December 8, 2016, and treated it as principal.

[Reasons for Recognition] Evidence Nos. 1 through 6, 8, and the purport of the whole pleadings

2. Determination

A. According to the above facts finding as to the cause of the claim, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remaining principal and interest of KRW 303,00,658 as of December 8, 2016, and delay damages calculated at the rate of 5.207% per annum from December 9, 2016 to the date of full payment, as to the principal and interest of KRW 299,825,101, which remain as of December 8, 2016.

B. Determination on the Defendant’s assertion 1) The Defendant’s loan agreement in this case is null and void as a conspiracy. The Defendant’s assertion is deemed null and void as a conspiracy. However, as the actual obligor D deceivings the Defendant and caused the Defendant to enter into the instant loan agreement, and the Plaintiff also cooperates with it, the instant loan agreement constitutes a juristic act by a third party fraud, and thus, is revoked. Therefore, the Defendant is not obligated to repay the instant loan. Accordingly, in order to establish a false conspiracy as a false conspiracy and to establish a false conspiracy, there is an agreement between the other party and the other party as to the inconsistency.