1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. On April 29, 2010, a limited liability company C (hereinafter “C”) completed the registration of transfer on April 27, 2010 with respect to the mining extraction rights (hereinafter “mining rights of this case”) consisting of the number of 968 from D on March 11, 2087, and the number of 11, 2010, the number of 1,000, the number of 275 (hereinafter “mining rights of this case”).

B. On February 24, 2011, the Defendant established a right to collateral security (hereinafter “instant right to collateral security”) with respect to the instant mining right at KRW 6.6 million with the maximum debt amount, under Article 636 of the Mining Registration Office’s receipt of the mining registration office, and cancelled the right on July 24, 2012.

C. On the other hand, with respect to C, the Plaintiff had a claim for KRW 60 million, and the Defendant had a claim for each investment amount of KRW 400 million.

【Fact-finding without dispute over the ground for recognition, entry of Gap evidence 1, 3, and 6, witness H's testimony, and purport of the whole pleadings

2. On February 24, 2011, the gist of the Plaintiff’s assertion: (a) on February 24, 2011, the Defendant drafted a letter (Evidence A2) stating that the Defendant shall confirm and assume responsibility for each share of KRW 46 billion, KRW 146 million, and KRW 60 million, among the maximum debt amount of the instant right to collateral security, and KRW 146 million, and KRW 60 million, respectively.

According to the above, the right to collateral security of this case covers each monetary claim against the plaintiff, the defendant, and D, and the defendant is obligated not only to obtain the consent of the plaintiff and D in disposing of the right to collateral security of this case, but also to distribute it to the plaintiff and D when receiving the repayment of the secured claim of this case.

(3) In light of the above legal principles, the Plaintiff is liable to pay KRW 60 million, which is the Plaintiff’s claim amount, as damages for nonperformance of the obligation, to the Plaintiff, since the Defendant voluntarily cancelled the instant right to collateral security in violation of the above letter, and thus, the Defendant is liable to pay KRW 60 million, which is the Plaintiff’s claim amount.

② The Plaintiff’s claim amounting to KRW 60 million against C is the preserved claim.