1. Revocation of a judgment of the first instance;

2. The Plaintiff (Appointed Party)’s loan transaction agreement against the Defendant on November 9, 2007.

1. The parties' assertion

A. Plaintiff 1) The H received a loan of KRW 70 million from the Defendant, and borrowed the name of Plaintiff (Appointed Party) and Selection G, etc., and fully repaid the loan with the purchase price of apartment buildings sold. (ii) Even if the payment is not recognized, Defendant F’s employees embezzled the sale price, and the Plaintiff’s claim against the Defendant is offset against the Defendant’s damages claim based on the employer’s liability.

3 Therefore, all debts of loans do not exist because they are extinguished.

B. Since the Defendant’s loan was not repaid, and the credit loan was not a secured loan, the F voluntarily cancelled the registration of the establishment of a mortgage.

2. Facts of recognition;

A. When H sought to obtain a loan of KRW 70 million from the Defendant, but it was impossible to obtain a loan due to a low credit rating, the Defendant’s employeeF recommended to borrow the name of the Plaintiff (Appointed Party) and the Appointed G, etc.

On November 9, 2007, the Defendant loaned KRW 40,000,000 to the Plaintiff (Appointed Party); KRW 30,000,000 to the wife G at each interest rate of KRW 10% per annum; maturity of payment; and on November 9, 2010, H used the instant loan (hereinafter “instant loan”); and H used the instant loan; and F paid interest on the instant loan.

B. In order to secure the obligation of the instant loan on November 7, 2007, H’s mother completed the registration of creation of a neighboring mortgage (Order 4), which is the debtor (Appointed Party), the debtor (Appointed Party), the maximum debt amount of 52,000,000, and the registration of creation of a neighboring mortgage (Order 5), which is the debtor’s (Order 4), the debtor’s representative G, the debtor’s maximum debt amount of 39,000,000, and on November 9, 2007, H guaranteed the obligation of the instant loan.

B Prior to the registration of the establishment of a neighboring apartment of this case, B is the debtor I (H's type) and the mortgagee as the defendant with respect to the apartment of this case, and ① the maximum debt amount of January 21, 2005, KRW 132,000,000 (Order 1), and ② the maximum debt amount of February 18, 2005.