1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. The Plaintiff has continuously supplied goods to A Co., Ltd. (hereinafter “Nonindicted Company”) while engaging in the manufacture and sale business of architectural paints and building materials.

B. Around March 2012, the Plaintiff entered into a contract to establish a right pledge (hereinafter “instant pledge contract”) with B on the Defendant’s deposit claim (Account Number: D; hereinafter “instant deposit account”) at KRW 25,00,000 in order to secure the right to claim the purchase of goods against Nonparty Company.

At the time, KRW 25,00,000 was deposited in the deposit account of this case.

C. After that, on March 20, 2012, the Defendant, at the request of the Plaintiff and B, was liable to the Defendant prior to the date of accepting the pledge, did not object to set-off under the set-off clause, such as the Bank Credit Transaction Terms and Conditions, even if the Defendant exercised his/her right of set-off. The Defendant withheld and consented to the right of set-off on the instant deposit account by signing and sealing it on the written request for approving the pledge stating the content of the set-off, and the Plaintiff obtained the fixed date from the court on the same day.

On the other hand, on May 19, 2010, the day before the pledge of this case, B entered into a comprehensive passbook loan agreement (hereinafter “instant loan agreement”) with the Defendant on May 19, 201, setting the loan limit of KRW 50,000,00, and setting the loan period of one year, and the Defendant opened the loan account (Account: Account Number C; hereinafter “instant loan account”) with B on the same day.

The main contents of the instant loan agreement are as follows.

1) The loan shall be executed as requested by the principal (B) within the loan limit (Article I(10) 2). The loan principal shall be freely repaid, but shall be fully repaid on the expiration date of the loan (Article I(11). The first interest shall be paid within one month from the date of the loan agreement and the interest thereafter shall be at the cost on the 25th day of each month.