1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The Plaintiff is an internal director of C (hereinafter “C”) and the Defendant is the representative director of C. On May 20, 2009, the original Defendant entered into a provisional contract on the construction of five-story buildings (hereinafter “instant building”) on the land surface of 1531.7 square meters in Suwon-si, which is owned by the Plaintiff and owned by the Plaintiff, with respect to the construction of the building on the land of 1531 square meters in Suwon-si, which is owned by the Plaintiff (hereinafter “instant provisional contract”).

B. When entering into the instant provisional contract as above, C paid KRW 500 million to the owner of the instant contract, and the Plaintiff as the owner of the instant loan (hereinafter “instant loan”) KRW 500 million to the Plaintiff as the owner of the instant contract. However, upon entering into the instant provisional contract, the Plaintiff agreed to convert the instant loan into the contract performance bond when the instant contract is concluded.

C. Therefore, upon the conclusion of this contract under the instant provisional contract between C and Afforestation on November 18, 2009, KRW 500 million advance payment and KRW 500 million of the instant loan were replaced or converted into the performance bond under this contract.

In addition, on December 29, 2009, between the Plaintiff and the Afforestation, the contract was concluded to change the name of the contractor under this contract from C to the Plaintiff. On January 14, 2010, the Plaintiff issued a receipt to receive KRW 1 billion as the contract deposit amount to the Afforestation.

E. After doing so, the judgment was made on the existence and scope of the above claim by asserting a set-off against the right to claim the return of contract deposit of KRW 1 billion as an automatic claim in the lawsuit claiming return of unjust enrichment of KRW 201Gahap13858, Sungwon-nam Branch, Sungwon District Court, which was brought by the Plaintiff against the fforeste case. The above judgment was rendered in the first instance court.