1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

2...

Facts of recognition

The Plaintiff’s status A Co., Ltd. (hereinafter “A”) was declared bankrupt on August 16, 2012 by Busan District Court 2012Hahap4, and the bankruptcy procedure is in progress.

The plaintiff was appointed as a trustee in bankruptcy of A.

A Loans and Establishment 1) F and G et al., the president of the E Limited Company A, were the president of the E Limited Company, were established by means of lending the names of the officers and employees, and recording them as shareholders or executives in order to implement a project by avoiding restrictions under the Mutual Savings Banks Act or to obtain necessary funds. 2) The E Limited Company (hereinafter referred to as the “E”) is one of the special purpose corporations established by such methods.

E’s salary and bonus payment 1) In the corporate register of E, Defendant C was registered as a director and a representative director from September 16, 2009, and Defendant D as a director from December 8, 2003. 2) E paid the sum of KRW 50,300,000 from May 2005 to February 201, 201 to Defendant D as salary and bonus, respectively.

E's assets status is that E bears a loan obligation exceeding the aggregate of the above benefits and bonuses for A, and is currently insolvent.

[Grounds for recognition] Facts without dispute, Gap evidence Nos. 1 through 9 (including additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings are asserted by the plaintiff, and the plaintiff asserts that the defendants are liable for each of the following obligations against Eul. The plaintiff seeks payment of each amount stated in the purport of the claim against the defendants in subrogation of the defendants, by taking the above loan creditor against Eul as a creditor of loans against Eul as a preserved claim against insolvent Eul.

The claim E for the return of unjust enrichment is about the remuneration of executive officers.