1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. A Co., Ltd. (hereinafter “A”) was affiliated with the Group A with C, etc., but, upon the recommendation of its officers and employees, D, Vice-Chairperson E, etc., a company established SPC in the form of a special purpose corporation (SPC and A, a company established or invested on the ground of a borrowed-name director, borrowed-name shareholder, etc., or a company established or invested on the ground of a borrowed-name director, borrowed-name shareholder, etc., in order to obtain a loan for an implementation project under the Mutual Savings Banks Act; hereinafter “SPC”) by borrowing the name of its officers and employees, etc., and by carrying out the development project of real estate, golf course, etc. through lending to SPC.

B. A invested in the F Co., Ltd. F (hereinafter “F”), which is a SPC, and the Defendant lent the name to A in accordance with the dong G’s proposal that served as an employee of A and registered as F director.

The defendant who is a director of F and received a total of KRW 92 million from F.

C. On June 25, 201, the Supreme Prosecutors' Office started an investigation into the corruption of the Group A, and the defendant was summoned to the Supreme Prosecutors' Office on June 25, 201 and submitted to the investigation agency a letter stating that "I will unlawfully receive the amount of KRW 92,00,000 (92,000) from the StateF as a salary, and will return the amount to A" (hereinafter "each letter of this case").

A was declared bankrupt on August 16, 2012, when the lawsuit of this case was pending, by Busan District Court 2012Hahap4, and the Plaintiff appointed as a trustee in bankruptcy took over the lawsuit of this case.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1, purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant set up the letter of this case and agreed to return the remuneration received from F to A, and thus, the plaintiff is entitled to do so.