1. The plaintiff's claims against the defendants are all dismissed.

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

1. The parties' assertion

A. Plaintiff 1) The Plaintiff is the Plaintiff Co., Ltd. (hereinafter “Nonindicted Company”).

2) The non-party company has a claim of KRW 82,654,439 against D. The non-party company did not borrow KRW 210 million from D.

However, on July 1, 2010, Defendant A, the representative director of the non-party company, prepared a loan certificate with respect to the said money in the name of the non-party company to pay his personal debt to the non-party company with Defendant B, the husband of the non-party company, and transferred the right to claim payment of deposit money in the name of the non-party company to D on May 9, 201.

The above Defendants’ act constitutes abuse of power of representation or breach of trust against the non-party company.

3) Even if the non-party company borrowed the above money from D, the Defendants received the above money from Defendant A’s personal account and used it for personal purposes without paying it to the non-party company’s account. The above Defendants’ act constitutes embezzlement against the non-party company. Accordingly, the Defendants are obliged to pay the non-party company damages or unjust enrichment for embezzlement, breach of trust, or abuse of power of representation. Thus, the Defendants are obliged to pay the Plaintiff, seeking subrogation of the non-party company, 82,654,439 won of the amount of claims stated in the above paragraph (1) and delay damages therefor. (b) Defendant A borrowed KRW 210,000,000 from D under the joint and several surety of Defendant B for the operation of the non-party company before its incorporation on June 23, 2010.

Accordingly, the non-party company prepared a loan certificate to D and transferred the right to claim the payment of deposit money.

2 From May 27, 2010 to July 1, 2010, D remitted 28.77 billion won out of the said money to Defendant B, and D paid 20 million won as a check on May 27, 2010 to Defendant B;

The defendant B again remitted 200 million won to the account of the defendant A, and the defendant A received the above money and transferred it to the account of the non-party corporation.