1. The plaintiff's primary claim and the first preliminary claim shall be dismissed respectively.

2. The plaintiff's second preliminary claim is dismissed.

1. Basic facts

A. Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”) was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as the bankruptcy trustee on the same day.

B. On March 16, 2007, Seoul Mutual Savings Bank concluded a credit transaction agreement with C Co., Ltd. (hereinafter “C”) with a credit amount of KRW 5 billion, due date of payment, KRW 10 billion per annum, KRW 10% per annum, and KRW 5 billion per annum on the same day.

(hereinafter “instant loan”) and B, at the time of the said credit transaction agreement, jointly and severally guaranteed the Defendant’s obligation to the Seoul Mutual Savings Bank at the time of the said loan transaction agreement, and on the same day, C entered into a comprehensive collateral guarantee agreement with Seoul Mutual Savings Bank at the limit of KRW 6.5 billion to jointly and severally guaranteed the Defendant’s obligation at present and in the future.

C. C in arrears with the payment of interest on the instant loan, thereby losing the benefit of June 11, 2010. As C’s principal, interest, and delay damages of the instant loan exceed KRW 8.1 billion as of February 3, 2015, C’s guaranteed debt amount to be paid to Seoul Mutual Savings Bank is KRW 6.5 billion, which is the ceiling of comprehensive collateral guarantee.

B from July 13, 2010 to February 10, 2014, as shown in attached Form (1), remitted KRW 341,816,025 in total from the account under one’s own name to the account under the name of the Defendant, the spouse of which was the spouse.

(hereinafter referred to as "transfer of this case" in attached Form 1) E.

Each account in the name of the Defendant, which was deposited with the instant remittance, remains a balance of KRW 33,423,762 as shown in the current attached Form (2).

[However, [Attachment 2] stated that there is a balance of KRW 5,484,707 in the separate account of the Korean bank “D”, but the balance of KRW 5,484,707, including the above account, is 5,484,707 in the total of four accounts such as the bank E, F, and G.