1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff’s savings account (Account Number B; hereinafter “instant account”) opened in his/her name was set as the basic account for liquidity limit loans and received marina loan from the Defendant from March 15, 2002 (hereinafter “instant loan”). The lending limit of the instant loan that was last changed on March 6, 2017 is KRW 5,350,000, and the maturity date is September 13, 2017.

B. On June 20, 2017, the balance of the loan in the instant account was KRW 3,000,000,000, which was deposited by Light oil Co., Ltd. (hereinafter “Nonindicted Company”) transferred to the instant account (hereinafter “Nonindicted Company”) on June 20, 2017 (hereinafter “instant deposit amount”). Under Article 5(1)1 of the instant loan agreement, the said deposit amount was automatically appropriated for the repayment of the loan, and at the same time, deposited the loan balance in the instant account was KRW 2,349,212.

(hereinafter “instant case’s appropriation of performance”). C.

On the other hand, on June 20, 2017, the Korea Credit Guarantee Fund registered the Plaintiff as a person in arrears pursuant to the Credit Information Management Rules, and the Defendant, accordingly, restricted the use of the Plaintiff’s loan pursuant to Article 5(3)1 of the instant loan agreement (hereinafter “Restriction on Use of the instant loan”), and accordingly, attempted to account transfer KRW 3,000,000 from the instant account on June 22, 2017.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on the cause of the claim

A. Pursuant to Article 5(3)2 of the loan agreement of this case, the Defendant failed to comply with the Plaintiff’s duty to immediately notify the Plaintiff of the restriction on use of the loan of this case.

Accordingly, the Plaintiff could use the instant marina loan through the instant account.