1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On February 14, 2012, a loan agreement between the Plaintiff and the Defendant was drafted with the following content (hereinafter “instant loan agreement”), and the loan was paid under the instant loan agreement.

A debtor and a surety: The loan commencement date of 85,000,000 won: February 15, 2012: The expiration date of the loan period: February 15, 2015: The rate: A change:

B. As to the real estate provided as security under the instant loan agreement, the Plaintiff received dividends of KRW 33,089,626 in the auction procedure to repay the interest, overdue interest, and part of the principal. As of August 13, 2015, the Plaintiff did not refund the principal amount of KRW 73,227,00 as of August 13, 2015 and overdue interest from the base date.

[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings

2. The assertion and judgment

A. The Plaintiff asserted that the parties concerned is claiming the Defendant to pay the principal and interest of the loan in accordance with the instant loan agreement.

On the other hand, the defendant argues that the loan agreement of this case between the plaintiff and the defendant is null and void as a false declaration of agreement, since the loan under the loan agreement of this case was used by C upon the request of C who worked as the chairperson of the plaintiff.

B. The facts of recognition (1) C, while serving as the president of the Plaintiff from February 4, 2004 to May 2014, 2014, controlled the Plaintiff’s overall business. D, upon joining the Plaintiff on November 1, 1996 and serving as the managing director from November 1, 201 to May 2014, took overall charge of the Plaintiff’s credit business, etc. while assisting C, who is the president.

(2) around 2006, C invested in the Daejeon Seo-gu E Special Zone as a loan granted by the Plaintiff, but failed, began to obtain a loan under the name of the borrower whose principal and interest of the loan increased, and continued to increase the loan was difficult to repay.

(3) C obtained a loan of KRW 2 billion from the Plaintiff as security for the forest land located in Kimcheon-si, and purchased and developed the said forest land.