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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) made a loan (hereinafter “instant loan”) to D Co., Ltd. (hereinafter “D”), as listed below, and E as a representative director, jointly and severally guaranteed D’s loan obligations to D Savings Bank.
The loan amount (won) due on the date of February 12, 2009 due date of the loan shall be 2,000,000 on August 14, 201, May 26, 2001, 2000,000,000 on May 26, 201, 200,000 on June 10, 201, 200,000,00 on June 5, 200, 200,00 on June 26, 201, 200 on June 26, 200, 200,50,000,00 on September 24, 200, 200; and
B. In order to secure the claim for the instant loan, the Korea Savings Bank set up a mortgage on the land and building located in Japan F’s “G” (hereinafter “the instant real estate”) with a maximum debt amount of KRW 1,768,00,000,000 on each of the instant real estate. The Korea Savings Bank set up a mortgage on the land and building owned by Kimhae-si, Kimhae-si, and the first land and building owned by the E, with a maximum debt amount of KRW 2
C. Since the maturity date of the instant loan was extended on February 29, 2012, D lost the benefit of time due to the overdue interest and the lapse of maturity as of March 1, 2012. At present, Korea Savings Bank remains liable for KRW 13,042,873,967 and its delay damages.
Defendant A is the father of Party E, Defendant B is the head of Party E, and Defendant C is the spouse of Party E.
E. Upon withdrawing cash from the account under the name of the Defendant B, E deposited KRW 10 million in the account under the name of the Defendant B on August 19, 201, and KRW 20 million on August 22, 2011, and deposited KRW 30 million in the account under the name of the Defendant C on August 19, 201, KRW 15 million on September 16, 201, KRW 2000,000,000 on September 22, 2011, and KRW 45 million on September 29, 2011, from the account under the name of the Defendant C to the account under the name of the Defendant A on April 30, 2013.
(hereinafter referred to as "payment of this case" in total, where money was deposited,
F. The Korea Savings Bank was declared bankrupt on April 30, 2013 by Seoul District Court 2013Hahap47, and the Plaintiff was appointed as the bankruptcy trustee.