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.

Facts of recognition

The Lice Development and Management Institute Co., Ltd. (hereinafter referred to as the "Execution Agency") is an executor who has promoted apartment construction projects (hereinafter referred to as "C projects") from Jun. 2008 to Jun. 3, 2008, and A Co., Ltd. (hereinafter referred to as "A") is a C project commencement corporation.

On July 24, 2008, in order to carry out the C Project on July 24, 2008, the executor obtained a loan from the Dongbu Mutual Savings Bank for the project financing of KRW 10 billion (hereinafter referred to as the "PF") (man: July 25, 2009), and A jointly guaranteed the loans.

After the maturity of the above PF loan becomes due, events and A requested the extension of maturity, and A was granted the first extension of maturity by July 25, 2010 by issuing a check note with a face value of KRW 10 billion at the face value of the Si event as an addressee and providing it as security to the Dongbu Mutual Savings Bank.

Although the first extended maturity comes, the executor failed to repay the debt of the loan, the event of the city and the A request for the extension of the maturity. On the deposit claim of KRW 2 billion in the name of A, A created a pledge on the deposit claim of KRW 2 billion in the name of the Dongbu Mutual Savings Bank and then extended the maturity maturity by January 25, 201.

Even after the second extended maturity, the principal obligor, as the main obligor, did not have the ability to repay, and the Si event and A requested the extension of the second maturity. On January 25, 201, A, up to KRW 3.5 billion, with respect to D apartment bonds owned by A, limited to KRW 7 billion, which was set up as the first priority beneficiary by the Dongbu Mutual Savings Bank as the first priority beneficiary (hereinafter “instant collateral trust contract”) was extended to three times until May 25, 201 by entering into an agreement with the Plaintiff.

A applied for commencement of rehabilitation procedures on March 21, 201 and received a decision on commencement of rehabilitation procedures on April 1, 2011 (Seoul Central District Court 201 Gohap34). According to the court's decision on non-election of a custodian, B's representative director was deemed a custodian, and on September 25, 2012, the Defendant is the legal administrator of B.