1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

1. Facts recognized;

A. On November 24, 2014, the Defendant filed a lawsuit against the Plaintiff, B, and C seeking the payment of damages under the Seoul Central District Court 2014Gahap586264 (hereinafter “related prior lawsuit”).

The cause of the prior suit was that “the Plaintiff and B shall be liable for damages against the Defendant as a joint tortfeasor, as the Plaintiff and C have silented or neglected the Defendant’s embezzlement crime (the amount of damages claimed by the Defendant: KRW 4,566,00,000).”

The Plaintiff shall pay to the Defendant KRW 4,456,00,000 as well as KRW 890,000 from April 8, 2009 to August 27, 2015; ② from January 26, 2010 to KRW 2,00,000; ③ from April 7, 2010 to KRW 591,00; ④ from April 9, 2010 to KRW 50,000; from May 9, 2010 to KRW 475,00,000,00 to the Defendant; and from the next day to the day of full payment, 5% per annum from May 11, 2010 to August 27, 2015 to the day of full payment; and 20% per annum.

B. On August 27, 2015, the court of the first instance of the relevant prior suit rendered a judgment that partially recognized the Plaintiff’s liability for damages without recognizing the Plaintiff’s liability for damages (hereinafter “the judgment of the provisional execution declaration of this case”) and sentenced the following provisional execution declaration (hereinafter “the judgment of the provisional execution declaration of this case”).

C. On September 14, 2015, the Plaintiff dissatisfied with the judgment of the provisional execution sentence of this case, and filed an appeal under this Court No. 2015Na205234.

On the other hand, on November 10, 2015, the Plaintiff deposited the principal of the damages amounting to KRW 4,456,00,000, which was ordered to be paid in accordance with the judgment of the provisional execution sentence of this case, with the Defendant as the principal deposit (i.e., the damages amounting to KRW 4,46,50,00,00, which was the principal amount of the damages amounting to KRW 4,456,50,00,00 in the judgment of the provisional execution sentence of this case), and the Defendant received the full amount of the instant deposit money on December 8, 2012.

E. In the appellate court of a prior suit, the plaintiff is against the defendant.