1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Basic facts

A. On November 16, 2006, the Plaintiff entered into an agreement with the Defendant to provide loans to cover KRW 135 billion (hereinafter “instant business agreement”) necessary to carry out a comprehensive cooking development project on a plot of land (hereinafter “instant business”). On November 16, 2006, the Plaintiff and the Defendant entered into an agreement to provide loans to cover KRW 135 billion (hereinafter “instant business agreement”).

B. In accordance with the instant business agreement, the Plaintiff loaned a total of KRW 10 billion to the Defendant from November 27, 2006 to April 10, 2008 (hereinafter “first loan”); and ② from October 5, 2007 to December 30, 2008, extended a total of KRW 65 billion to December 30, 2008.

(hereinafter “Second Loan”). (c)

The deadline for completion of construction under the instant business agreement was May 31, 2009. However, two mountain construction companies (former trade name: two industrial development companies; hereinafter “dusan construction”) which are the contractor of the instant project failed to complete the set construction by the deadline for the completion of the construction. The Defendant was also unable to repay the principal and interest of the loan to the lender until October 15, 2009, the maturity of the loan.

Accordingly, on June 21, 2010, the lender, the defendant, and the Dusan Construction extended the term of completion to the " September 30, 201" and the term of repayment of the principal and interest of loans to the " March 15, 2012," respectively. ② The Dusan Construction lent approximately KRW 20 billion to the defendant in relation to the instant project, and ③ the defendant entered into a modified agreement (hereinafter "the instant modified agreement") with the content that the instant project is entrusted to the Simplification Trust Co., Ltd. under a management-type land trust agreement.

With respect to loans of the amount of KRW 20 billion in two hundred,000,000,000, this case’s modified agreement is a loan claim of KRW 20,000,000 (20,000,000) lent by the Corporation to the Borrower (the Defendant) after the date of the conclusion of this modified agreement.