1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. (1) A Co., Ltd. (hereinafter “A”) was subject to a disposition of business suspension on April 29, 201 under the Act on the Structural Improvement of the Financial Industry, and was declared bankrupt on March 7, 2013 by Busan District Court 2012Ham1.

The plaintiff was appointed as trustee in bankruptcy at the same time as A's bankruptcy.

(2) The president L, etc. of the G Group (A, H, I, J, and K also Korea Ltd.) who was a management of A established a special purpose corporation (SPC) by lending the names of the executives and employees, such as the family members or the branch members, etc. in the form of a shareholder or officer in order to directly implement the real estate implementation project or to obtain a loan necessary for the implementation project, by avoiding the restrictions on the Mutual Savings Banks Act, and then registering them as a shareholder or an officer. D limited liability company (hereinafter “D”) was registered as one of the special purpose corporations established by the above method as a member holding 500 shares, but in substance, A is a company with 100 shares.

(3) Defendant B, upon the recommendation of E’s representative director, who was in charge of the establishment and management of G Group’s special purpose corporation and accounting for special purpose corporation, was appointed as D’s representative director, and Defendant C, upon the recommendation of F’s above, as D’s representative director, respectively.

From March 2006 to February 201, Defendant B received KRW 127,100,610 in total as monthly salary (1,500,000) and bonus, etc. from D during the same period, Defendant C received KRW 64,357,40 in total as monthly salary (1,00,000) and bonus, etc. from D during the same period.

B. A, including D’s loans, extended a total of KRW 10.75 billion on December 26, 2008 to D, KRW 3.43 billion on February 23, 2009, KRW 6.00 billion on February 23, 2009, KRW 1.45 billion on November 9, 2009, KRW 1.5 billion on June 25, 2010, but failed to recover it. D.