1. Of the judgment of the first instance, the part against the plaintiff ordering payment shall be revoked.

Defendant B shall be the Plaintiff, and Defendant B shall be 61,054.

1. Basic facts

A. (1) The bankrupt A Co., Ltd. (hereinafter “A”) is a company with the purpose of receiving deposits and installment savings, and lending funds. The Defendants are employees of A and retired from office around 2012.

(2) A was declared bankrupt on May 20, 2013 (Seoul Central District Court 2013Hahap64), and the Plaintiff was appointed as a trustee in bankruptcy on the same day and taken over the instant lawsuit on August 28, 2013.

B. (1) A, including the acquisition of new shares and the establishment of a loan account of the Plaintiffs, provided capital increase for more than once on January 9, 2006, January 4, 2007, and July 26, 2007 (hereinafter “each of the instant capital increase”) and allocated new shares to A including the Defendants to its employees, thereby acquiring new shares in the name of its employees and paying the said amount.

(2) On the day when new shares were acquired under the Defendants’ name, each loan account was opened under the Defendants’ respective names as loans. The specific number of loans is as stated in the “loan principal” stated in the separate loan agreement, and the specific loan agreement (hereinafter “the above loan agreement” is referred to as “each of the instant loan agreements”) is as listed below.

However, from October 22, 2010, A applies the interest rate of 2% per annum to each of the instant loan contracts from October 22, 2010.

The loan interest rate of the lending contract is 4% per annum of the lending contract dated January 9, 2006 (4% per annum of the lending contract dated July 4, 2015) on July 4, 2015, and 3% per annum of the lending contract dated July 4, 2015 (4% per annum of the lending contract of employee stock loans dated July 26, 2007) on July 4, 2015, each of the above loans under each of the lending contracts of this case remains as shown in the separate sheet as of November 21, 2012.

[Grounds for recognition] Gap evidence 2, Gap.