1. All of the plaintiff's claims are dismissed.

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

1. Basic facts

A. MND Co., Ltd. (hereinafter referred to as “MND”) implemented the new construction and sale project of C in lots outside and six other than Suwon-si, Suwon-si. (hereinafter referred to as “C”).

B. D around July 12, 2004, around C1009, was sold from MND.

D For the payment of intermediate payment of KRW 1009, 111,180,000 from Seoul Mutual Savings Bank (hereinafter referred to as "Seoul Mutual Savings Bank") on August 13, 2004, and KRW 11,180,000 on September 11, 2004, respectively.

C. Around May 10, 2005, E succeeded to the status of the buyer from E on January 1, 2007 to the status of the buyer from E, and the Defendant acquired D’s principal and interest payment obligations to Seoul Mutual Savings Bank in succession.

The defendant, around March 31, 2005, purchased C 1045 from MND, and succeeded to the status of the buyer from F, which purchased C 1013 from MND, around January 2007.

E. For the payment of intermediate payment of KRW 1045, Jun. 17, 2005, the Defendant respectively loaned KRW 36,000,000 on June 17, 2005, and KRW 58,820,000 on February 1, 2007 for the payment of intermediate payment of KRW 1013.

F. Before April 17, 2007, the Defendant and MND rescinded the agreement on the sales contract of Nos. 1009, 1013, and 1045, and MND notified Seoul Mutual Savings Bank on April 17, 2007 of the cancellation of each sales contract.

G. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court Decision 2013Hahap139, and the Plaintiff was appointed as the bankruptcy trustee.

[Ground of recognition] The descriptions of Gap evidence Nos. 1-1 through 4, 2, 3, Eul evidence Nos. 1 and 2-1, 2, 3, and 13, and the purport of the whole pleadings

2. Determination as to the request for loans

A. As to the cause of the claim, the Plaintiff sought payment of the principal and interest of loans to the Defendant amounting to KRW 441,358,076 and delay damages for the principal amounting to KRW 317,180,000 among them, barring any special circumstance, according to the above recognition.