1. The plaintiff's claim is dismissed.

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

1. Facts of recognition;

A. On August 16, 2012, A Co., Ltd. (hereinafter referred to as “A”) was declared bankrupt by Busan District Court 2012Hahap4, and the bankruptcy procedure is currently in progress, and the Plaintiff was appointed as a bankruptcy trustee of A.

B. A’s president C and representative D borrowed the name of the branch through the officers and employees of A and established a special purpose corporation in the form of a special purpose corporation (A in order to directly operate the enforcement project or to obtain a loan necessary for the implementation project by avoiding restrictions on non-compliance with the enforcement project under the Mutual Savings Banks Act; hereinafter “special purpose corporation”) by registering as stockholders or executives of a borrowed-name director, a borrowed-name stockholder, a borrowed-name stockholder, etc., and operated a real estate or golf course development project through lending to the special purpose corporation.

C. From February 6, 2004 to October 29, 2009, the non-party corporation E (hereinafter referred to as "E") one of the special purpose corporations established A was loaned KRW 40,200,000,000 from A under the pretext of the purchase price of the land for the development project from February 6, 2004 to October 29 (hereinafter referred to as "the instant loan agreement"), which includes KRW 3,990,000,00 that A treated as lending to E as lending for the purchase price of the stocks of the non-party corporation for the purchase of the stocks of the non-party-preferred development project, and the book loans from A to E remain in KRW 19,202,20,59 as of June 14, 2013.

The defendant established E on September 19, 2003 and registered as a joint representative director from January 19, 2004. The money deposited in the account under the name of the defendant in the name of the defendant from June 8, 2007 to December 31, 2010 is the total amount of KRW 283,870,580.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 5 (including, if any, the number; hereinafter the same shall apply), Eul evidence 1, 2, and 6, and the purport of the whole pleadings

2. The Plaintiff’s judgment on this safety defense is that the substance of A’s loan balance to E is an investment amount.