1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff Company (the first trade name was “C,” and the registration of change was completed due to the trade name as of July 9, 2014) is a company that merged D (hereinafter “D”) on September 30, 201. The Defendant held 18,200 shares of D shares (13% of D shares) and was a director (from January 31, 2003 to November 17, 2008) and was a former shareholder (the Defendant was the representative director of C corporation from March 27, 2008 to November 4, 2008), and E was a person who held office as D’s representative director from January 31, 2003 to November 31, 209.

B. Around June 9, 2008 when E was in office as a representative director, D lent KRW 1.25 million to the Defendant who was a director at the time D’s time (hereinafter “instant loan”). At the time D did not hold a meeting of the board of directors or obtain a security, etc. for the instant loan claims from the Defendant.

C. D’s financial statements in 2008 stated that the amount of the instant loan claims is 1.25 million won, which is the amount of the instant loan claims, as the allowance for bad debts anticipated to be irrecoverable (which was classified as bad debts even at the time of the aforementioned merger). The instant loan claims have not been recovered until now.

Accordingly, the Plaintiff filed a lawsuit against E for damages arising from a director’s breach of the duty of good faith (2013Gahap2702). On December 10, 2014, the said court rendered a judgment that “E shall pay damages to the Plaintiff KRW 375,00,000 as compensation, and damages for delay thereof,” and both parties appealed, but both appeals were withdrawn on May 27, 2015.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 7, 15, 16, Eul evidence Nos. 2 through 4 (including relevant numbers), the purport of the whole pleadings

2. Judgment as to the primary cause of claim

A. Since a director of a corporation is in a delegation relationship with the company, he/she performs his/her duties with the due care of a good manager.