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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. The parties' assertion
A. The Plaintiff’s assertion (1) (1) The bankrupt debtor A Co., Ltd. (the first trade name was E, but the trade name was changed to F Co., Ltd. on December 11, 2009, and on December 29, 2011, the Plaintiff was appointed as the bankruptcy trustee upon the declaration of bankruptcy on April 29, 201, and the Plaintiff was appointed as the bankruptcy trustee on April 29, 201; hereinafter “Nonindicted Bank”) entered into a credit transaction agreement with Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) on January 24, 2007 and lent KRW 1 billion on the same day. Defendant C and D are joint and several surety of the above credit transaction agreement.
o Credit Items: 1,00,000 won for general financing loans (date of loan): the date of expiration of the original credit on January 24, 2007: 24 percent (36%) for the interest rate on January 24, 2009; however, the Defendants are jointly and severally liable to pay the Plaintiff the principal of KRW 1,00,000 won on September 10, 2009; 50 million for the principal of KRW 50 million on September 14, 2009; 329,000,000 won for interest from June 30, 2008 to September 14, 2009; 429,000,000 won for interest from September 14, 2008; 329,000 won for interest from September 14, 2012; 38,000 won for 18,317,2017;
B. As to the defendants' assertion, on February 4, 2008, the defendants repaid all principal and interest of the above loan obligations (hereinafter "the loan obligations of this case"), and the non-party company did not dispose of them and used funds in an unlawful manner, and therefore, it is reasonable to deem that the loan obligations of this case were fully repaid.
2. According to the reasoning of the judgment of the court below, Gap evidence Nos. 5, Eul evidence Nos. 1 and 2, the defendant company deposited the non-party bank ordinary deposit account in the name of the defendant company into the non-party bank account in the name of the defendant company, with the principal amount of KRW 1 billion on February 4, 2008 and interest of KRW 128,219,178 up to that time, and repaid the loan obligation of this case, but it did not deposit it into the loan account.