1. The plaintiff's primary and conjunctive claims are dismissed.

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

The summary of the instant case pertains to the transfer of KRW 1 billion to the Defendant’s account in the amount of KRW 1 billion from the time when the second name of the Company B (hereinafter referred to as “stock company”) to the Defendant, the Plaintiff sought restitution of unjust enrichment in subrogation of the Plaintiff’s obligor, on account of ① the Defendant’s primary fault or gross negligence on the part of the Defendant, on the ground that the said funds were embezzlement against B, and ② the transfer of KRW 1 billion to the said funds constitutes a fraudulent act as a gift contract.

In fact, the Bank of Bankruptcy concluded a credit transaction agreement with B on August 3, 201, with the amount of the loan No. B on May 27, 201, at the interest rate of 10 billion won per annum 10% per annum 25% per annum on May 27, 2012, the amount of the loan No. 4 billion won per annum on May 27, 2012, and 25% per annum on August 3, 2012, the Bank of Bankruptcy concluded a credit transaction agreement with B as follows:

B lost the benefit of time on October 29, 2012 after delinquency in the transfer during the extended loan period.

As of August 21, 2014, the principal and interest of the loan in arrears amounting to KRW 4,558,223,286 (= Principal KRW 1,428,223,286) and the secondary loan amounting to KRW 2,688,202,728 (= Principal KRW 1.988,200,000).

A remittance to the defendant to the defendant was transferred to the bank account (Account Number: D) in the name of C of KRW 1.275 billion out of KRW 4 billion of the first loan of KRW 4 billion.

On the same day, KRW 1 billion was transferred from the above account in C’s name to the Defendant’s corporate bank account (Account Number: E).

【In the absence of dispute, the each entry in Gap evidence Nos. 1, 2, and 3 (including the number of pages), the issues of the entire pleadings, the issues of this case, and the existence of the right to claim a return of unjust enrichment against the defendant of the party's primary claim No. 2, which is the representative director of the plaintiff's claim No. 2, shall arbitrarily transfer one billion won out of the loans of the bankruptcy bank, which is corporate funds, to the defendant.