1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. Rate Construction Co., Ltd. (hereinafter “Rate Construction”) entered into a contract for construction works with the non-party 1 corporation, and received the entire Plaintiff’s shares in lieu of the payment of the construction cost.

B. On September 16, 2010, H&D entered into a sales contract with C on the following terms: (a) the Plaintiff’s shares and goodwill amounting to KRW 5.18 billion; (b) the buyer succeeds to the Plaintiff’s obligations of KRW 3.22,85 million; and (c) the remainder of KRW 19550,15 million was paid by C.

[Reasons for Recognition] Evidence Nos. 5-1 and 2-2, the purport of the whole pleadings

2. At the time of the above sales contract, the Plaintiff asserted that, at the time of the above sales contract, the Defendant applied for a voluntary auction to the port branch of the Daegu District Court for each of the above real estate, the Plaintiff Company sought the compensation against the Defendant on behalf of the Defendant on the ground that: (a) the collateral security (the collateral security contract date is August 9, 2010; (b) the creditor F; (c) the debtor; and (d) the maximum amount of debt KRW 180,00,000,00,000 for each of the above real estate, the Defendant paid the Defendant KRW 159,180,000 in total to the Defendant on behalf of the Defendant.

3. First of all, according to the statement in the evidence No. 7, as to whether the Defendant agreed to repay the secured obligation of the instant mortgage, it can be acknowledged that the Defendant stated “A representative director B” in the letter of undertaking dated September 16, 2010 that it would terminate the instant right to collateral security and affixed the Plaintiff’s official seal on the Plaintiff’s representative director. According to the above evidence, the Defendant appears to have affixed the Plaintiff’s representative director qualification and agreed to pay the said obligation as an individual.