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. Basic facts

A. (1) On January 12, 2012, the Plaintiff and A entered into a credit transaction agreement with 5 billion won for loans, interest rate of 10 billion won per annum, 23% per annum, credit transaction agreement with 23% per annum, interest rate of 18.25% per annum, 30.25% per annum, and interest rate of 30.25% per annum (hereinafter “each of the above credit transaction agreements”). To secure this, on the same day, the Plaintiff completed the registration of the establishment of a mortgage over 69 lots of land (hereinafter “Plaintiff-owned real estate”) including 1815-1, YY-si, Yancheon-si, Yancheon-do, the maximum debt amount of 7.8 billion won in the future.

(2) On January 20, 2012, each of the instant loans was executed, and on January 20, 2012, KRW 2.26 billion remaining after deducting loan costs, interest on loans, repayment of the Plaintiff’s existing debt, taxes, etc. from KRW 3 billion in the loan principal from the Plaintiff’s Nonghyup Bank account (Account Number 351-0382-681-33), and KRW 2.5 billion remaining after deducting all of the above costs from the Plaintiff’s national bank account (Account Number 456137-04-00175).

B. At the time of (1) including the preparation of a written confirmation of the existence of the obligation, B, which had been the representative director of A, prepared a written confirmation of the existence of the obligation to repay the principal and interest of KRW 3 billion in the name of the Plaintiff, and issued a written confirmation of the existence of the obligation (Evidence A No. 4) with the purport that “A’s principal of the loan to the Plaintiff is not in excess of KRW 3 billion,” and a written confirmation of the existence of the obligation to repay the amount of KRW 3 billion in the loan principal to KRW 6 billion and KRW 3 billion in the loan principal to the Plaintiff within six months, and with respect to the establishment of the right to collateral security (Evidence No. 5 of the Act), and issued a written confirmation (Evidence No. 6 of the written confirmation) with the purport that “A’s application necessary for the registration of the establishment of the right to collateral security (Evidence No. 7 of the certificate) and A’s certificate of the personal seal impression (Evidence A).

(2) On May 3, 2012, the Plaintiff reduces the maximum debt amount of the registration of the establishment of a mortgage over the foregoing period to KRW 3.9 billion.