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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. On September 29, 2009, the Plaintiff asserted the Plaintiff concluded a credit transaction agreement with the Defendant to grant a loan of KRW 5,00,00,00 with the interest rate of September 29, 2010, the annual interest rate of KRW 9% per annum, and the interest rate of KRW 55,00,000, and the interest rate of KRW 54,927,458, interest rate of KRW 52,535,125, and the provisional payment rate of KRW 366,90 remain as of December 19, 2014.
The Japanese Savings Bank was declared bankrupt on September 7, 2012 and the plaintiff was appointed as the bankruptcy trustee.
Therefore, the Defendant shall pay to the Plaintiff the principal and interest of KRW 107,828,873 as well as KRW 54,927,458 as the principal and interest of KRW 25% per annum from December 19, 2014 to the date of full payment.
2. First of all, a credit transaction agreement (No. 1) cannot be used as evidence since there is no evidence to acknowledge the authenticity of the agreement.
[Plaintiff] Inasmuch as the seal affixed on the application form for transaction (No. 3) prepared by the Defendant for the extension of the deposit period on August 25, 2006 and the seal affixed on A’s No. 1 are identical, the Plaintiff asserts that the seal affixed on the certificate No. 1 is the Defendant’s seal. However, even if the Defendant extended the deposit period on August 25, 2006, there is no evidence to prove that he/she had affixed his/her seal on the certificate No. 3, and even if the seal affixed on the certificate No. 3 was used by the Defendant, even if the seal affixed on the certificate No. 3 and the seal affixed on the certificate No. 1 are deemed sufficiently possible to duplicate the same form, it cannot be concluded that the seal affixed on the certificate No. 4, No. 5, No. 2, and No. 6, respectively, is identical to the seal affixed by the Defendant.