1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Basic facts

A. 1 Status of the Parties A (hereinafter “A”)

(2) On August 16, 2012, the Plaintiff was declared bankrupt by Busan District Court 2012Hahap4, and the Plaintiff was appointed as a trustee in bankruptcy. 2) A limited liability company D (hereinafter “D”) is a special purpose corporation (SPC) of A established on July 19, 2005 for the purpose of funeral and graveyard management business, and the Defendants were appointed as directors at D’s general meeting of members. The Defendants were appointed as the representative director from August 4, 2008 to February 18, 201; Defendant C was registered respectively in D’s corporate register from February 18, 201 to February 18, 201.

B. Defendant B received a total of KRW 71,250,00 from January 2009 to February 2, 201; Defendant C received a total of KRW 78,494,000 from May 2005 to February 2, 201; and Defendant C received a loan from each of D as payment, etc.; and (ii) D received a loan from each of D; and (iii) at the present time, D has reached KRW 12,752,195,172, and D is currently insolvent.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, 5 evidence, Eul evidence 1 to 4 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Judgment on the main defense of this case

A. As to the lawsuit of this case where the Defendants received benefits, etc. as their officers by subrogation as Gap's trustee in bankruptcy in lieu of Eul's claim for loans against Eul as the preserved right, the Defendants asserted that since the Defendants are one member who actually owns D's share of 100% and who lent A's loan to D, they do not have a claim for loans, and therefore, the creditor subrogation lawsuit of this case is unlawful in the absence of the preserved right.

(b) the judgment feet, A owns 100% of the shares of D;