1. The plaintiff's claim is dismissed.

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

1. Summary of the parties' assertion

A. The gist of the Plaintiff’s assertion (1) on April 14, 2010, the Bankruptcy Obligor A Savings Bank Co., Ltd. (hereinafter “A Savings Bank”) extended a loan of KRW 8 billion to the Defendant on April 14, 2010, with the rate of KRW 10.5% per annum, and delay damages rate of KRW 25% per annum.

(hereinafter “instant loan”). The Defendant lost the benefit of time due to late payment of interest. As of August 22, 2013, the principal and interest of the instant loan is KRW 12,100,570,594.

Accordingly, the plaintiff claims against the defendant in part for the payment of KRW 1 billion and damages for delay.

(2) below:

B. (2) The Defendant’s assertion to the effect that “the instant loan agreement is a conspiracy with one another” is a false representation.

Even if the trustee in bankruptcy is a third party who has a substantial legal interest based on the legal relationship formed by the false representation of conspiracy, the defendant cannot be protected as a false representation of conspiracy.

B. The gist of the defendant's assertion (1) The defendant does not have to borrow money from A Savings Bank.

Since both the loan application form, credit transaction agreement, and minutes of the board of directors submitted by the Plaintiff to the Defendant as evidentiary materials of the instant loan, A Savings Bank used forged documents in accordance with the management instructions of A Savings Bank and B Savings Bank, A Savings Bank used the Defendant’s name by stealing the loan, the Plaintiff’s claim is without merit.

(2) The Defendant needs to prepare and supplement the documents omitted during the existing loan to prepare for the audit by the Financial Supervisory Service. Therefore, it is inevitable to permit employees of the A Savings Bank to seal company name and seal impression in the A Savings Bank’s blank credit transaction agreement and not to obtain a loan of KRW 8 billion from the A Savings Bank. The Defendant has no security right at all regarding the instant loan, and a loan of KRW 8 billion is not established.