1. The plaintiff's claim against the defendants is dismissed in entirety.

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

Basic Facts

The Plaintiff is a trustee in bankruptcy appointed on September 7, 2012 by the Seoul Central District Court No. 2012Hahap97 as the Plaintiff, etc. (hereinafter referred to as “A”) upon being declared bankrupt.

C On October 28, 2016, while the instant lawsuit is pending, the Seoul Central District Court was decided to commence individual rehabilitation procedures as Seoul Central District Court 2015 Ma1010345. The rehabilitation court did not appoint a rehabilitation debtor C’s manager separately, and Defendant C was a custodian and taken over the instant litigation procedures on May 17, 2018.

(hereinafter “Defendant C”). D worked as the head of the management support division A from around 2007 to January 6, 2010, and was in charge of preparing and disclosing financial statements.

D’s unlawful act committed in collusion with E and F around July 2009, when preparing financial statements for regular audit reports, D appropriated the bad debt allowances in a manner that classifys the credit balance to be classified into “normal”, “resumed”, “presumed loss”, “presumed loss”, etc., into “ordinary” and “consumed loss”, etc., by making new loans to the borrower in arrears with interest, and by making them returned to the borrower as interest on the loan.

Accordingly, even though the amount to be accumulated as the bad debt allowance on June 30, 2009 under the regulations of the Financial Supervisory Service is equivalent to KRW 58,749,00,000,000 under the regulations of the Financial Supervisory Service, it has prepared a false financial statement which has not accumulated an amount equivalent to KRW 6,760,000 as the bad debt allowance and has not accumulated an amount equivalent to KRW 51,989,00,000 as the bad debt allowance and has not been accumulated as an additional bad debt allowance, and has announced it to the electronic disclosure system through the Financial Supervisory Service on September 10, 209.

(hereinafter “the instant window dressing accounting”). As a result of the instant window dressing accounting, approximately KRW 4,100,000,000 was stated as the net income for the pertinent fiscal year in A’s financial statements.

The tax base that has undergone the tax adjustment on the current net income as above shall be 1,721,975.