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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On April 5, 2011, the Komato Savings Bank Co., Ltd. (hereinafter “C”) loaned KRW 26,500,000,000 in total to C Co., Ltd. (hereinafter “C”) (i.e., general loan loan amounting to KRW 20,000,000,000,000). On the same day, C’s representative director B provided joint and several surety guarantee amounting to KRW 39,750,00,00 in total with respect to the above loan obligation of KRW 20,000.
B. However, C paid only the interest on general funds up to September 4, 201, and lost the benefit accrued therefrom on or around November 6, 2011. ② As the maturity date of the comprehensive passbook loan arrives on or around April 5, 2012, C’s total amount of the principal and interest on loans to the Mato Savings Bank as of September 11, 2013 (i.e., the principal and interest on general funds 28,84,692,508 won) reaches KRW 31,906,615 (i.e., the total amount of the principal and interest on loans to the Mato Savings Bank as of September 1, 2013).
C. From March 27, 2012 to July 31, 2013, the sum of KRW 111,045,040,040 was transferred under B’s name to the national bank account (Account Number D; hereinafter “instant account”) in the name of the Defendant, as follows:
(1) On March 27, 2012, 200. 1,00,00 on March 27, 2012, 200, 200 on January 22, 2013, 200: 2,00,00 on January 28, 2013; 1,00,00 on May 22, 2012; 1,00,00,00 on March 36, 2016, 20. 10,00 on March 39, 207, 200; 20. 1,00,00 on March 36, 2014; 20. 1,00 on March 39, 200, 205; 200; 120,000,00 on March 3, 2014;
D. On August 31, 2012, Earth Savings Bank was declared bankrupt by this Court No. 2012Hahap23, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.
【Ground of recognition” has no dispute, and there are evidence Nos. 1 through 7.