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 30, 2016, the Plaintiff, a corporation that runs credit business, loan brokerage business, etc., lent KRW 230,000,000 to D Co., Ltd. (hereinafter “instant company”) with interest rate of KRW 18.48% per annum and due date of payment on March 31, 2017. The representative director E of the instant company jointly and severally guaranteed guarantee.

B. The instant company transferred KRW 345,00,000 to the Plaintiff out of the claim for the refund of the lease deposit against the instant company’s agent for the security of the said loan, and delegated the notification authority to the Plaintiff.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1, 2, and 3 (including each number), and the purport of the whole pleading

2. The Plaintiff’s assertion that the instant company did not pay the principal and interest to the Plaintiff. On September 31, 2016, E, a joint and several surety, sold the relevant real estate to a third party and did not have any asset, and the instant company’s chonsegwon provided as security had already been provided as a collateral to a third party prior to the borrowing date.

Defendant A, a director of the instant company, and Defendant C, are serving in office as an auditor. The Defendants neglected to perform their duties in bad faith or by gross negligence despite the representative director E to borrow money and use it for business purposes, and to monitor whether it is used for personal purposes, thereby causing damage to the Plaintiff due to unlawful performance of duties. Defendant A filed a claim against the Defendants for the payment of damages amounting to KRW 230,000,000 (which is equivalent to the principal of loans) and damages for delay pursuant to Articles 401 and 414(2) of the Commercial Act.

3. In light of the above, it is difficult to conclude that E, the representative director, has committed an unlawful act of performing his duties against the Plaintiff solely on the ground that the instant company failed to repay money after borrowing money from the Plaintiff. Unlike the evidence submitted by the Plaintiff, E is an unlawful act of performing its duties. However, the Defendants neglected to perform their duties with bad faith or gross negligence as a director or auditor.