1. The Defendants jointly and severally (Provided, That Defendant C is up to the limit of KRW 1,300,000,000) with the Plaintiff KRW 670,772,595.

1. Basic facts

A. On April 7, 2011, A Bank Co., Ltd. (hereinafter “A Bank”) loaned KRW 1 billion to Defendant Co., Ltd. B at the maturity of payment on August 7, 2011, the agreed rate of KRW 12% per annum, and KRW 25% per annum (hereinafter “instant loan”). Defendant C guaranteed the said loan’s obligation within the limit of KRW 1.3 billion per annum.

B. The Defendants lost the benefit of time by delaying the performance of the instant loan obligation, and on June 22, 2014, the principal amount of KRW 560,000,000 and interest and delay damages amount of KRW 110,772,595 remain.

C. On October 30, 2012, A Bank was declared bankrupt by Busan District Court 2012Hahap7, and the Plaintiff was appointed as a trustee in bankruptcy.

Defendant B filed a lawsuit to confirm the existence of a debt with the Changwon District Court 2013Kahap4159 by asserting that there was no debt obligation against the Plaintiff against the Plaintiff, but the dismissal ruling was rendered on March 19, 2015.

[Reasons for Recognition] Each entry (including paper numbers) of Gap evidence Nos. 1 through 8, the purport of the whole pleadings

2. According to the above facts of recognition as to the cause of the claim, the Defendants jointly and severally (However, Defendant C is jointly and severally liable to pay to the Plaintiff the total amount of KRW 670,772,595 (within the guarantee limit of KRW 1.3 billion) and the damages for delay calculated at the rate of 25% per annum, which is the agreed interest rate of KRW 560,000,000, the following day of June 23, 2014, from the date of full payment to the date of full payment.

3. The Defendants asserted that the loan agreement in this case is the most unfair act that the former president of the A bank and D took the form of loan using the loan documents of the Defendants. The Defendants asserted that the loan agreement in this case was null and void as a false declaration of conspiracy on the grounds that the Defendants did not have any actual intent to bear the debt in relation to the loan agreement in

Where a creditor is declared bankrupt by means of a false declaration of intention that the creditor has conspired with the other party, the bankruptcy trustee shall be the Civil Act.