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1. The plaintiff's primary claim and the conjunctive claim are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. B Joint and Several sureties’s debt, etc. 1) Gyeonggi Savings Bank Co., Ltd. (hereinafter “Game Savings Bank”).
On July 1, 2013, the Seoul Central District Court Decision 2013Hahap88, which was declared bankrupt, and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Gyeonggi Savings Bank. 2) D Co., Ltd. (hereinafter “D”) concluded a credit transaction agreement with the Gyeonggi Savings Bank on June 9, 2009 to provide a loan of KRW 8,500,000 with the agreed interest rate of KRW 10% per annum and KRW 25% per annum, and to provide a loan of KRW 8,50,000,000 from the Gyeonggi Savings Bank. The D’s representative director, as a joint and several surety of D’s Gyeonggi Savings Bank, concluded a credit transaction agreement with the Gyeonggi Savings Bank to provide a loan of KRW 8,50,000,000 per annum.
(hereinafter) (3) The amount of loans to D’s loans to D’s Gyeonggi Savings Bank as of December 31, 2013 is 10,14,986,025 won in total, including the balance of loans as of December 31, 2013, and damages for delay up to December 30, 2013, 3,065,475,018, and damages for delay up to December 30, 2013. (4) The joint guarantor of D’s loans as of the above loan obligation, was 10,114,986,025 won in total.
B. B, such as transfer to the Defendant’s name account B, deposited KRW 315,00,000 in total to the bank account under the Defendant’s name, its wife, from April 11, 201 to May 4, 2012, respectively, by making a deposit from its bank account from April 11, 201 to May 4, 201.
[Attachment 2] 1: (1) 50,000,000 Samsung Securities Co., Ltd. (E) No. 50,000,000 won on April 11, 201; (2) 1: Schedule 3: (7,000,000 of C&T Bank's each salary branch (G) of the National Bank's each salary branch of the National Bank's (F) on August 1, 201; (3) one Bank's each salary branch (G) of the National Bank's each salary branch of the National Bank's (H) on September 7, 2011 (H); (4) one Bank's each salary branch of the National Bank's each salary branch of the National Bank's (G) on September 7, 2011; and (0G) one Bank's each salary branch of the National Bank's (H) on October 7, 2011; and (7) one National Bank's each branch of the National Bank's (G No. 010.10G