1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim against the defendant is dismissed.

3...

1. Determination on the cause of the claim

A. The Plaintiff’s assertion 1) Joint Defendant C of the first instance trial (hereinafter “C”)

(2) On May 12, 201, the Corporation shall construct new E-ground factories and dormitories (hereinafter referred to as “instant construction”).

[1] A public interest and construction corporation (hereinafter “A public interest and construction corporation”)

(2) The Plaintiff’s co-defendant D (hereinafter “D”) in the first instance trial, where the Defendant did not allow the Plaintiff to commence the instant construction work by June 30, 201, while having the Plaintiff receive KRW 20,000 from the Plaintiff and keep it in return for orders for the construction work. If the Defendant did not allow the Plaintiff to undertake the instant construction work by June 30, 201, he/she returned the said money to the Plaintiff.

(2) The Defendant guaranteed the Defendant’s obligation to return KRW 20 million to the Plaintiff. However, as C did not receive the instant construction order from a construction company recommended by Ansan Construction or Ansan Construction until June 30, 201, the Defendant is jointly and severally liable with C and D to pay the Plaintiff the said KRW 20 million and the damages for delay thereof. (2) The Defendant’s assertion is merely a creditor of Ansan Construction, not a direct party to the preparation of the evidence No. 1 (cash) but merely a creditor of the said cash custody certificate, and thus, the Defendant did not have the right to claim the Defendant to discharge the guaranteed obligation based on the said cash custody certificate.

B. According to the purport of Gap evidence No. 1 and the entire pleadings, Eul prepared a cash storage certificate stating that "C may enter into the instant construction contract and commence the construction project by June 30, 201, which is recommended by Ansan Construction or Ansan Construction, and in relation thereto, 20 million won shall be deposited as the performance payment for the construction project, and if the said matters are not performed by June 30, 201, it shall return the said performance payment amount to Ansan Construction." D and the defendant shall only be recognized as having prepared a cash storage certificate stating that "C shall guarantee the obligation of Eul."