1. The plaintiff's claim is dismissed.

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

1. Summary of the plaintiff's assertion

A. C is the largest shareholder of the Group A and the president of the Group B from November 26, 2003 to February 16, 2011.

C In collusion with D, E, F, etc., an illegal loan of KRW 2,963,106,00,000 is carried out, and as a result, a corporation incurred damages of KRW 179,071,00,00 to A in collusion with D, E, and F, a corporation shall bear the liability for damages under Article 399 of the Commercial Act or Article 750 of the Civil Act.

B. C transferred the sum of KRW 153,000,000 to the Defendant’s foreign exchange bank account (H), as stated in Appendix Nos. 1 through 10, 12, and 20 as indicated in Appendix Nos. 1 through 10, 12, and 20, and delivered KRW 10,000,000 deposited from the Defendant’s bank account (I) on April 26, 2010 to the Defendant on April 28, 2010, and donated KRW 163,000,000 by means of allowing the Defendant to use the purchase price of USD 10,000 from our bank.

The above gift constitutes a fraudulent act, and the bad faith of C and the defendant is also recognized.

C. On August 6, 2012, A was declared bankrupt on August 6, 2012 by the Busan District Court 2012Hau4, and the Plaintiff was appointed as the bankruptcy trustee.

The Plaintiff shall cancel the donation contract concluded between C and the Defendant by making the above damage compensation claim as the preserved bond, and seek payment of KRW 163,00,000 to its original state.

2. Determination

A. A creditor who claims that a debtor's legal act, etc. is a fraudulent act and seeks revocation thereof shall specifically assert and prove the existence of the preserved claim and the debtor's legal act, etc., that the debtor has caused insolvency due to a legal act, etc., and that the requirements for establishing a fraudulent act such as the debtor's intent to understand, etc. In a case where the creditor who seeks revocation of the fraudulent act claims that the debtor's monetary payment to the beneficiary is a gift, this constitutes the denial of the creditor's assertion, and thus, the payment of the above money constitutes an act of payment.