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1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 30, 2013, the Future Savings Bank Co., Ltd. (hereinafter referred to as “Stock Company”) was declared bankrupt on April 30, 2013, and the Plaintiff was appointed as bankruptcy trustee.
B. B and C are married couple, and the defendant is the married couple B and C.
C. On March 13, 2006, the future savings bank lent C the amount of KRW 1 billion, KRW 450 million on October 11, 2007, KRW 720 million on February 15, 2008, respectively, to C, and B jointly and severally guaranteed the above loan obligations.
C Around April 2008, the Plaintiff lost the interest of the time limit for the above loan obligations. Accordingly, the Plaintiff filed a claim for loans with C and B by Seoul Central District Court 2013Da153677, Nov. 26, 2013, “B shall be jointly and severally with C, and as to KRW 1,673,691,327, and KRW 450,000,000 from April 11, 2008, for KRW 1,223,691,327, the amount calculated at the rate of 22% per annum from June 20, 2012 to the day of full payment, KRW 720,00,000, and KRW 209,000 per annum from April 15, 2008 to the day of full payment, and the above judgment became final and conclusive within the limit of KRW 30,300,00,000 per annum.”
B From July 26, 201 to November 20, 2015, B transferred or deposited total of KRW 252,900,000 in the account of the Korean Bank under the name of the Defendant (Account Number: D, E, hereinafter “instant Bank Account”) and the Korean National Bank (hereinafter “instant National Bank Account”) by means of remitting or depositing cash or cashier’s check in its own name from or in its corporate bank account, as shown in the separate sheet, as shown in the separate sheet between July 26, 201 and November 20, 201.
(hereinafter referred to as “instant remittance” in total of transfers or deposits entered in the separate sheet. According to the respective statements in Gap’s evidence Nos. 3, 4, 5, and Eul’s evidence Nos. 3, 6, 7, and 15, the amount of remittance Nos. 5 shall be KRW 4,500,000, and the date of remittance Nos. 10 No. 10 shall be the number of transfers as of January 28, 2014.