1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On May 26, 2006, Busan Savings Bank Co., Ltd. (hereinafter “BB Savings Bank”) made a loan with a KRW 5.2 billion due date fixed to C on May 26, 201 and an annual interest rate of 11% (hereinafter “instant loan agreement”).

B. The Busan Savings Bank was declared bankrupt on August 16, 2012, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

【Ground for recognition】 The fact that there has been no dispute, entry of Gap Nos. 1 and 2, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant entered into a collateral guarantee agreement with the Busan Savings Bank, which sets the guarantee limit at 5.4 billion won with respect to the obligations of the present and future principal and interest of loan to be borne by C to the Busan Savings Bank (hereinafter “instant collateral guarantee agreement”).

Therefore, the Defendant is obligated to pay to the Plaintiff KRW 1 billion and delay damages as part of the principal and interest of loan under the instant loan agreement pursuant to the instant loan agreement.

B. The Defendant did not conclude the instant collateral guarantee agreement with the Busan Savings Bank.

Even if it is not so, the Defendant’s mother’s act of entering into a collateral guarantee agreement with C to jointly and severally guarantee the obligation of C to Busan Savings Bank, and the act of entering into a collateral guarantee agreement with C to jointly and severally guarantee the obligation of C on behalf of the Defendant with the Defendant’s father D constitutes “an act of conflicting interest between a person with parental authority who is a legal representative and a person who is subject to his parental authority” under Article 921 of the Civil Act, and thus, is null and void.

3. Determination

A. First of all, as to the conclusion of the instant collateral guarantee agreement with the Busan Savings Bank, it is not sufficient to recognize the above only on the basis of the descriptions of the health class, the evidence No. 3-2, and the evidence No. 4 as to whether the Defendant entered into the instant collateral guarantee agreement with the Busan Savings Bank, and there is no other evidence to acknowledge it.

Therefore, the defendant.