1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The status of the parties and the pertinent Plaintiff are companies engaged in passenger transport business as their main business, and the Defendant was the representative director of the Plaintiff company until August 10, 2016.

B. On June 2, 2016, the Defendant was indicted on the charge of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Seoul Central District Court 2016Da539), and the court of first instance sentenced the Defendant to three years of imprisonment on October 28, 2016.

The Defendant appealed from the above judgment, and the appellate court (Seoul High Court 2016No3487) found the Defendant guilty of the following criminal facts on December 15, 2017, the appellate court sentenced the Defendant to imprisonment with prison labor for three years and a suspended sentence for five years (hereinafter “relevant criminal judgment”).

(The defendant appealed to the above appellate court judgment and the trial is in progress by the Supreme Court Decision 2018Do197 at present). The summary of the crime was the representative director of the plaintiff company.

When the Defendant established a representative director and C (hereinafter referred to as “C”) in which the Defendant himself/herself is a major shareholder, he/she used funds necessary for the construction of soft and hot spring facilities, without any special own capital, to appropriate the loans of financial rights, etc. from the beginning of the establishment to the financial difficulties.

C The base debt of December 31, 2005, approximately KRW 29.7 billion, and the capital has also been completely locked and it is impossible to operate without any special blood transfusion.

Therefore, the Defendant is in violation of the duty to take measures to collect reasonable and reasonable claims, such as examining C’s ability to repay obligations or receiving sufficient security, by providing the Plaintiff’s funds to resolve C’s financial difficulties, thereby incurring property damage to the Plaintiff Company by lending the Plaintiff’s funds to C from January 18, 2006 to January 4, 2011.