1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. Basic facts

A. On February 8, 2011, the Plaintiff delivered five cashier’s checks (total KRW 500 million, hereinafter “the instant money”) that caused KRW 100 million at face value to C, and paid additional KRW 200 million around that time.

B. On February 8, 2011, C prepared a loan certificate stating that the loan amount of KRW 1 billion in the Plaintiff’s future, February 17, 2011, and 20% of the shares of Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) will be offered as security if the repayment is not possible at the maturity date.

C. On February 201, the Plaintiff offered a payment proposal on June 24, 201, while it was in possession of a promissory note with successive endorsement by the issuer C, a corporation (hereinafter referred to as “regular construction”), a face value of KRW 2 billion, and the due date on June 10, 201, as collateral for the instant money, etc., and on June 24, 201, the Plaintiff offered payment proposal on June 24, 201, on the grounds of the lapse of the payment proposal period.

On the other hand, on April 4, 2012, the Plaintiff filed a lawsuit seeking payment of the Promissory Notes amounting to KRW 1.7 billion against the Defendant, Boan Mutual Savings Bank, loaning KRW 1.7 billion to the Defendant around November 2010 under the joint and several sureties’s joint and several liability, and the Plaintiff withdrawn the said lawsuit on March 26, 2013 (Seoul Central District Court Decision 2012Da83474, Seoul Central District Court Decision 2012Da83474, and the Gwangju Gwangju District Court 2012Da28931, supra).

[Ground of recognition] The fact that there is no dispute, Gap evidence 1, 4, Eul evidence 1-1, 2, and Eul evidence 2, the purport of the whole pleadings

2. Judgment on the plaintiff's claim

A. The gist of the plaintiff's assertion 1 defendant's representative director D is that the defendant's executive officer E in charge of funds delegated the defendant's right to borrow money on behalf of the defendant, and E delegated the above authority to C.