The costs of appeal are assessed against the defendant.

1. As to the ground of appeal No. 1, as to the plaintiff's primary claim for restitution following the extinguishment of the status of a successful bidder, the court below acknowledged the facts as stated in its reasoning after comprehensively taking account of the adopted evidence, and it is reasonable to view that the plaintiff had terminated the contract relationship to conclude this case upon consultation with the defendant on July 24, 2012 by the plaintiff's declaration of cancellation on July 24, 2012, with the plaintiff's intention to cancel the contract of this case. Thus, the defendant is obligated to return the plaintiff's tender deposit KRW 2.85 billion, excluding the general meeting cost of KRW 150 million, out of the tender deposit amount of KRW 3 billion upon the termination

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors by misapprehending the legal principles as to the interpretation of legal acts or the liability for nonperformance, or by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the plaintiff's conjunctive claim as to the second ground of appeal, the court below held that since the plaintiff trusted that the loan for consumption in this case was null and void, and paid the loan to the defendant as a loan, the defendant should return this money to the defendant as unjust enrichment.

In light of the relevant legal principles and records, the above determination by the court below is just and acceptable. Contrary to the allegations in the grounds of appeal, there were no errors in the misapprehension of legal character of the amount under the name of director, omission of necessary judgment, failure to exhaust all necessary deliberations, or inconsistency in the reasons.

3. The appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.