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

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

1. Basic facts

A. C is a person who served as the representative director of D Co., Ltd. (hereinafter “D”) from February 24, 2006 to April 29, 201, and Defendant A is a father of C, and Defendant B is a spouse of C.

B. On June 30, 2010, Korea Savings Bank Co., Ltd. (hereinafter “Korea Savings Bank”) leased KRW 1,370,000,000 to D on September 30, 2010, at the rate of KRW 10% per annum, and at the rate of overdue interest rate of KRW 23% per annum. At the time, C, the representative director of D, at the time, jointly and severally guaranteed the above loan obligations against D’s Korea Savings Bank within the limit of KRW 1,64,00,00.

Since then, the repayment period of the above loan was extended on November 30, 201.

C. From August 8, 2011 to June 7, 2012, C deposited KRW 289,500,000 in total with the deposit account (i.e., the account number: hereinafter “instant account”) in the name of the Defendant A, Korea Standards Bank (hereinafter “Korea Standards Bank”).

On February 28, 2013, the Korea Savings Bank was declared bankrupt by Daejeon District Court 2013Hahap2, and on the same day, the Plaintiff was appointed as the trustee in bankruptcy of the Korea Savings Bank.

E. As a result of the Plaintiff’s filing of a lawsuit against D and C with the Daejeon District Court, the Daejeon District Court sentenced on November 24, 2015 that “The amount calculated by the rate of 23% per annum from June 9, 2015 to the date of full payment” with respect to KRW 2,192,00,000 and KRW 1,332,014,144 among them, and C jointly with D to pay KRW 1,64,00,000 out of the said amount” (the foregoing judgment became final and conclusive on January 6, 2016).

[Reasons for Recognition] Unsatisfy, entry of Gap evidence 1 to 3, and 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination on this safety defense

A. From November 30, 201 to February 28, 2011, the Defendants’ defenses had been investigated into persons related to the insolvency of the Korea Savings Bank during the period between February 28, 2013, in which the Plaintiff was appointed as the bankruptcy trustee of the Korea Savings Bank.