1. The judgment of the court of first instance is modified as follows.

2. The Plaintiff’s claim against the Defendants and the Defendant-Counterclaim Plaintiff.

The plaintiff filed a lawsuit against the defendants and the co-defendant C of the first instance trial (hereinafter referred to as "C") on the grounds of Article 399(1) of the Commercial Act and tort, and Defendant E filed a claim for damages due to incomplete sale of subordinated bonds against the plaintiff.

Accordingly, the first instance court partly accepted the plaintiff's defendants and C's main claim, and dismissed defendant E's counterclaim.

Therefore, since the Defendants appealed on the part against the Defendants regarding the principal lawsuit and counterclaim in the judgment of the first instance, the part against C in the judgment of the first instance was separated and finalized as it is. The scope of the judgment of this court is limited to the part concerning the Defendants’ principal lawsuit and Defendant E’s counterclaim in the judgment of the first instance.

Basic Facts

A Co., Ltd. (hereinafter referred to as "A bank") was declared bankrupt on October 29, 2013 by Seoul Central District Court 2013Hahap161 while engaging in mutual savings bank business under the Mutual Savings Banks Act and the Enforcement Decree of the same Act, and the Plaintiff was appointed as trustee in bankruptcy on the same day.

Defendant B was registered as a director of A Bank from September 2008 and served as the head of the management planning office or the head of the general headquarters of A Bank (the aggregate of family shares 81.5%) and is a major shareholder who holds 7.93% of the shares of A Bank. C is a person who was employed as a director of A Bank from June 2009 as a director of A Bank from June 2009 and promoted small credit loan business as a person in charge of consumer financial business. Defendant E and D are F, G, H (hereinafter referred to as “H”), a lending business entity, and F, G, and H collectively.

C became a member of A Bank upon the recommendation of Defendant B-friendly job offers by Defendant E, and Defendant D operated Defendant E, along with Defendant E, as a partnership.

A bank shall conclude a loan recruitment contract and pay a loan recruitment fee from June 2009.