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. On March 6, 2014, Defendant B borrowed KRW 300,000,00 from Defendant C (hereinafter “the foregoing borrowed money”), and Defendant C lent investment money to Defendant B in relation to the construction of the Plaintiff’s industrial complex that D serves as the representative director, and Defendant B delivered the total borrowed amount to the Plaintiff’s representative D for the construction of the said industrial complex, and Defendant C is paid interest accrued during the loan period (hereinafter “the instant borrowed contract”). At the time of entering into the instant borrowed contract, Defendant C guaranteed the above borrowed amount on behalf of the Plaintiff.

B. Meanwhile, D, upon establishing the Plaintiff on July 3, 2013, was appointed as the Plaintiff’s intra-company director. Since April 17, 2014, D, while serving as the Plaintiff’s representative director, retired from the above representative director on July 31, 2015, and resigned from the above office director on October 16, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The Plaintiff’s assertion was not deposited into the Plaintiff’s account, as otherwise stipulated in the loan agreement, and was not used in constructing a new building in the Plaintiff’s E industrial complex.

D is doubtful that the loan of this case is not used as a personal acquisition price of new stocks, and even if not, D was intended to use the loan of this case individually, and it was jointly and severally guaranteed in the name of the plaintiff in conspiracy with Defendant B, etc., even though it was intended to use the loan of this case individually. Since such joint and several surety act of D is invalid as a de facto breach of trust that abused the authority, the plaintiff is not liable for the joint and several surety obligation of the loan

B. The act performed by the representative director of the relevant legal doctrine within the scope of his/her representative authority shall aim at the benefit of himself/herself or a third party, regardless of the company’s profit.