1. Revocation of the first instance judgment.

2. The plaintiff A's claim is dismissed.

3. The defendant is against the plaintiff limited liability company B.

1. Basic facts

A. In order to conduct the business of collecting and selling earth and rocks with the permission obtained from the Si of Gunsan by using the permission for collecting earth and rocks, it was necessary for the Plaintiff B to increase the insurance proceeds of the payment guarantee insurance for recovery expenses which guarantees the fulfillment of the restoration obligation due to the collection of earth and rocks in the mountainous district subscribed under the name of Do, and for this purpose, the KRW 200 million deposited in the post office account (G) account in the name of Do governor B was withdrawn on September 22, 2008 and deposited into the SC Bank account in the name of the Defendant, and thereafter, the deposit in the name of the Defendant was offered to the Seoul Guarantee Insurance Co., Ltd. as collateral, and D subscribed to the payment guarantee insurance for recovery expenses that are deposited

B. On January 19, 2009, Plaintiff B suspended its business and immediately thereafter, D’s establishment of a limited liability company E (hereinafter “E”) was to continue the tinsan Development Project operated by Plaintiff B by using the permission to collect earth and stones obtained from the military market. 168,00,000 won deposited in the NAC account (I) was transferred to the Agricultural Cooperative (J) account in the name of the Defendant on July 9, 2010, and the said deposit in the name of the Defendant was offered as additional security to the Seoul Guarantee Insurance Co., Ltd. on August 19, 2010, and D subscribed to the increased guarantee insurance for recovery expenses deposit.

C. On December 1, 2011, if the period of D’s permission expires, the Kunsan City filed a claim for the payment of insurance money on the basis of the above payment guarantee insurance purchased in the name of D with the Seoul Guarantee Insurance Co., Ltd. on April 17, 2013, and the Seoul Guarantee Insurance Co., Ltd. paid the insurance money of KRW 1,686,240,000 on April 21, 2014, but returned KRW 621,29,000 from the Kunsan City on April 21, 2014.

On the other hand, Seoul Guarantee Insurance Co., Ltd., on April 4, 2012, receives each of the above deposits in the name of the defendant as security by exercising the right of advance reimbursement (hereinafter “instant deposits”).