1. The plaintiff's claim is dismissed.

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

1. The parties' assertion and judgment

A. The Plaintiff’s assertion purported that the creditors’ meeting holding the claim for construction price against E and the claim for the sale price (hereinafter “instant claim group”) leased KRW 82.5 million out of the amount recovered from the said company’s claim amounting to KRW 132 million to April 2010 from June 2009 to the Defendants.

Therefore, the Defendants are jointly and severally liable to pay the Plaintiff, who is an executive member of the instant claim group, the borrowed amount of KRW 82.5 million and damages for delay.

B. Determination 1) The Defendant asserts that, first of all, the Plaintiff brought the instant lawsuit as an individual qualification, not only as the representative of the instant claim group, but also as the lawful representative of the instant claim group, the Plaintiff did not have the standing to sue. However, in the performance lawsuit, the Plaintiff’s assertion that the person claiming the right to demand performance is qualified as the Plaintiff, and that the person claiming the right to demand performance has the standing to be the Defendant itself, and that the Plaintiff, the Defendant, and the Defendant do not need to be either the right to demand performance or the duty to perform performance, and thus, the Defendant’s prior defense on the merits is not acceptable. 2) in light of the written evidence Nos. 5 through 7 (including the serial number), even if all of the evidence submitted by the Plaintiff were examined, it is insufficient to recognize that the Defendants received the total amount of KRW 82,500,000 from the instant claim group as the representative director, and it is not clear that the Defendants were jointly and severally liable for the receipts attached to the Defendants No. 3.