1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

1. The plaintiff's assertion

A. The Plaintiff is a company that runs the construction business at Seoyang-si. G, the representative director of the Plaintiff, around early 2009, lent 14 copies of promissory notes issued by the Plaintiff (hereinafter “the Promissory Notes in this case”) to the Defendant upon the Defendant’s request from the Defendant’s representative director C to use for the payment, etc. of the subcontract price for the shipbuilding equipment manufacturing plant (hereinafter “instant construction”).

B. At the time of the completion of the instant construction by borrowing the Promissory Notes from the Plaintiff, C agreed to collect the Promissory Notes by borrowing the instant land and factory buildings as collateral. However, even after the completion of the instant construction, the Defendant did not recover some of the Promissory Notes up to the due date, and subsequently, did not pay back the Promissory Notes.

C. At the time of borrowing the Promissory Notes, the Defendant had already completed the registration of creation of a neighboring mortgage (No. 22231, Aug. 11, 2008) with a maximum debt amount of KRW 2,400,00,000 on the land of Gyeongsung-gun, Jin-gun among the instant land on the instant land, and the registration of creation of a neighboring mortgage (No. 25921, Oct. 8, 2008) with a maximum debt amount of KRW 5,520,00,000 on the land of Gyeongsung-gun (No. 25921).

Therefore, even if the construction of this case is completed, the Defendant could not obtain additional loans as security, and eventually, could not recover the bill of this case within the due date, but could not collect the bill of this case by deceiving the Plaintiff, thereby making it defaulted. D.

As above, the Defendant did not deceiving the Plaintiff or observe the agreement with the Plaintiff by borrowing the Promissory Notes from the Plaintiff, thereby failing to honor the Promissory Notes, and therefore, the Plaintiff was unable to continue to engage in business upon receiving a disposition of suspension of business.

(e).