1. The defendant shall pay to the plaintiff KRW 5,168,032,00 and KRW 2,526,650,061 among the costs, from March 22, 2017 to the date of full payment.

Basic Facts

On July 1, 2013, the Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”) was declared bankrupt on July 1, 2013 by Seoul Central District Court 2013Hahap88, and the Plaintiff was appointed as bankruptcy trustee.

The defendant is a cooperative for the purpose of land readjustment and rearrangement project in Jung-gu Incheon Metropolitan Government, which was authorized to implement the project on July 13, 2002 by the former Land Rearrangement and Rearrangement Project Act (repealed by Act No. 6252, Jul. 1, 200; hereinafter "former Land Rearrangement and Rearrangement Project Act"), with the project district designated on July 13, 2002.

On February 7, 2012, the Defendant borrowed KRW 4 billion from the Gyeonggi Savings Bank and the Korea Savings Bank Co., Ltd. each of the 4 billion loans, following the resolution of the 44th council (hereinafter referred to as the “resolution of the board of representatives in this case”); on February 10, 2012, the Defendant borrowed KRW 4 billion from the Gyeonggi Savings Bank with a maturity of August 10, 2012 as a general loan with a maturity of KRW 10% per annum; and the overdue interest rate of KRW 22% per annum.

(hereinafter “instant loan agreement”). The Defendant’s articles of association provide for the authority of the board of representatives as follows:

Article 21 (Matters to be Resolved by General Meeting) The following matters shall undergo a resolution of the General Meeting:

3. Method and interest rate of borrowing the tea's wages, and Article 25 (Authority of Board of Representatives) (1) The board of representatives may deliberate and resolve on the matters other than the following matters, among the matters to be resolved at the general meeting prescribed in Article 21 of this Articles of association:

1. Selection and appointment of executive officers (the head of the association, directors, and auditors);

2. Amendment of articles of association;

3. Changes in business plans (excluding changes in business plans following changes in zones);

4. Matters concerning the merger or dissolution of a cooperative (except for dissolution of a cooperative after completion of liquidation) the Defendant lost the benefit of time by delaying repayment of the principal and interest pursuant to the instant loan agreement, and the Defendant remains liable for principal and interest of KRW 5,679,384,179 as of March 21, 2017. Of them, the principal amount is KRW 2,76,650,061.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 9, respectively.