1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On October 17, 2006, the Defendant’s name applied for a loan to the Central Installment Savings Bank (hereinafter “Central Installment Savings Bank”), and on the same day, the loan amounting to 1,300,000,000 won under the Defendant’s name, the expiration date of the credit amounting to 1,30,000,000 won, the agreement rate of 11% per annum, the interest rate of delay damages rate of 11% per annum, and the change in the rate determined by the Central Installment Savings Bank (hereinafter “instant loan or loan contract”).

B. The principal and interest of the instant loan amounting to KRW 1,312,403,082 as of June 16, 2010 (i.e., principal amounting to KRW 1,300,000,000, and KRW 12,403,082). The interest rate on the instant loan amounting to KRW 25% per annum set by the Central Busan Savings Bank after June 17, 2010.

C. The Central Savings Bank was declared bankrupt on February 23, 2012 by Seoul Central District Court 2012Hahap2, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

[Reasons for Recognition] Unsatisfy, each entry in Gap evidence 1-7 (including branch numbers), the purport of the whole pleadings

2. Assertion and determination

A. The summary of the Plaintiff’s assertion was that the Defendant directly concluded the instant loan agreement or delegated the authority to conclude the instant loan agreement, and thus, the Defendant is liable to pay the instant loan obligations.

Even if it is not so, as long as the defendant delivers B a seal imprint, etc. using the defendant's name and seal imprint in relation to the company's business, the defendant has a basic power of attorney.

In light of the various circumstances at the time of entering into the loan contract of this case, since there is a justifiable reason to believe that the bank as the central savings bank has the right of representation in B, the defendant cannot be exempted from the responsibility of expression representation as to the loan contract of this case (Article 126 or 129 of the Civil Act).

In addition, even though the defendant issued a certificate of seal impression to B on behalf of the defendant, B obtained a multiple number of certificates of seal impression on behalf of the defendant, and entered into a multiple loan contract under the name of the defendant, it is entirely possible to do so.