1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. B Co., Ltd. (hereinafter “B”) is a person who has been awarded a contract for the construction of a new building of the 1st underground, the 5th underground, the 5th underground, and the Austria Construction Co., Ltd. (hereinafter “Syria Construction”), and the Plaintiff is a contractor for the construction of a new building of the 1st underground, the 5th underground, the 5th ground, and the Garia Construction Co., Ltd. (hereinafter “Aria Construction”).

B. On October 29, 2014, the Plaintiff: (a) agreed to set the amount of money that the Plaintiff did not receive from the instant framework construction as KRW 1 billion; (b) to pay the Plaintiff the said amount; and (c) to secure this, upon termination of the trust of D Building 101 (hereinafter “instant building”) trusted to an International Trust Co., Ltd.; and (d) completed the registration of ownership transfer in the future of the Defendant, who is the birth partner of B representative director E, the Plaintiff agreed to set up a second priority collateral security (hereinafter “agreement with B”) with the maximum debt amount of KRW 850 million.

C. As to the instant building, on December 5, 2014, the registration of ownership transfer was completed in the Defendant’s future, and on the same day, our Bank, Korea (G and joint mortgagee), F (G and Plaintiff (hereinafter “mortgage”) respectively, and the registration of creation of a collateral (hereinafter “mortgage”) was completed in order of the Plaintiff. The maximum debt amount of the instant right to collateral security is KRW 70 million and the obligor is indicated as the Defendant.

[Reasons for Recognition] Gap 2, 4, 1-1 of evidence Nos. 1, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion 1) In addition to establishing the instant right to collateral security, the Defendant agreed to pay to the Plaintiff an amount equivalent to KRW 700 million, which is the maximum debt amount of the instant right to collateral security (hereinafter “instant agreement”) out of KRW 1 billion of the instant right to collateral security (hereinafter “instant agreement”).

A. The Defendant granted E basic authority to set up the instant right to collateral security, and the Plaintiff is believed to have reached the instant agreement with the Defendant’s delegation.

Therefore, the defendant.