1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B, on November 29, 2007, a letter of credit transaction with a lending of KRW 25 million to the Defendant (hereinafter “the instant lending agreement”) was drawn up.

B. B deposited the loan into a deposit account opened in the name of the defendant pursuant to the instant loan agreement on November 29, 2007.

C. The current status of the credit comprehensive and the details of the general loan transactions prepared by B are written as follows: (a) the maturity date of the instant loan agreement on November 29, 201; (b) the interest rate is 11% per annum; and (c) the rate of delay damages is 21% per annum.

On November 23, 2011, the Plaintiff acquired the claim under the instant loan agreement from B in accordance with the decision of the Financial Services Commission on November 23, 201, and on November 24, 2011, publicly announced the summary of the said decision on the transfer of contracts and the fact of the transfer of contracts in two daily newspapers pursuant to Article 14-2(2) of the Act on the Structural Improvement

[Ground of recognition] Facts without dispute, entry of Gap 1 to 10 evidence, purport of the whole pleadings

2. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the principal and interest of the loan agreement and delay damages, barring special circumstances.

3. Judgment on the defendant's defense

A. The Defendant’s defense of the instant loan agreement was made by establishing C Co., Ltd. (hereinafter “C”) and lending only the Defendant’s name to operate a specific business unlawfully. As such, it constitutes a conspiracy, false representation, anti-social legal act, or unfair legal act, and thus, is null and void.

Even if the loan agreement of this case is not null and void, the loan agreement of this case shall be cancelled as it was concluded by deception B.

B. In full view of the following circumstances acknowledged by the reasoning of the judgment of the court below, there is no dispute, Eul evidence Nos. 6, Eul evidence Nos. 1 through 5, and witness Eul's testimony and pleading, Eul loans the name of the defendant as the actual borrower.