1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On September 7, 2012, A Co., Ltd. was declared bankrupt on September 7, 2012 by Seoul Central District Court Decision 2012Hahap96, and the Plaintiff was appointed as bankruptcy trustee.

[Reasons for Recognition: Entry of Evidence A No. 1]

2. The parties' assertion

A. The Plaintiff’s assertion A, on January 28, 2008, lent to the Defendant 1.7 billion won per annum, 9% per annum, 25% per annum, and the due date for repayment until January 28, 2009. As such, the Defendant is obligated to pay the Plaintiff KRW 1 billion with the loan borrowed amount of KRW 1.7 billion upon the Plaintiff’s partial claim.

B. The Defendant’s assertion did not have concluded the instant loan agreement with A, and there was no fact that the Defendant received a loan from D, the representative director of C&C, and caused D to register as a business operator and open an account under the name of the Defendant, and entered into the instant loan agreement in collusion with the Defendant by obtaining a seal imprint and a seal imprint, etc. from the Defendant in direct management, and by using the Defendant’s name and a seal imprint, etc.; thus, the Defendant did not have the obligation

3. Determination

A. According to the statement in Gap evidence No. 5, it is recognized that following the defendant's name of No. 2 (a benefit loan application), No. 3 (a letter of credit transaction), and No. 4-1, and No. 4-2 (a letter of credit extension), the stamp image following the defendant's name is based on the defendant's seal.

B. However, as follows, Gap evidence 3, Nos. 4- 1, 2, and 6-1, 2, and 8-1 through 10 of the evidence, and Eul evidence Nos. 1 through 4, the overall purport of the pleadings was comprehensively taken into account. In other words, the defendant worked in C Co., Ltd. (hereinafter "C") from 1998 to February 201, the defendant opened a personal business registration under the name of the defendant and a deposit account under the name of the defendant, under the direction of D, who is the representative director of C, and D received a seal imprint and a certificate of personal seal impression from the defendant while directly managing them.