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. On October 29, 2012, C borrowed KRW 75 million from the Plaintiff, and written a loan certificate stating “75 million, interest rate of KRW 2.5% per month, and October 30, 2013,” to the Plaintiff (Evidence A 1; hereinafter “the first loan certificate”).

B. C, as a result of the auction procedure (F) at the request of the Bank, was conducted with respect to the real estate owned by the Company Co., Ltd., a director of the Company Co., Ltd, recommended the Defendant who was a fraud to purchase the said real estate

C. Accordingly, on June 20, 2013, the Defendant agreed to participate in the bidding of the said auction case, and borrowed KRW 60,50,000 from the Defendant. At the time, the Defendant and C set up a loan certificate (Evidence A 5; hereinafter “the second loan certificate of this case”) stating that “the principal is KRW 60,50,000 won, interest rate is 24% on September 20, 2013, interest payment date, September 20, 2013, Defendant, and joint and several sureties” to the Plaintiff.

On June 20, 2013, the Defendant issued, as joint issuer C, a promissory note with a face value of KRW 90 million with respect to D Apartment 202 Dong 201, Dongdaemun-gu, Seoul, Seoul, which was owned by the Defendant, to secure a loan based on the secondary use of the instant secondary use.

E. After the registration of the establishment of a mortgage was completed at the Plaintiff’s request, the Defendant and C re-written the loan certificate (No. 2, hereinafter “the third loan certificate of this case”) that changed the debtor on the second loan certificate of this case from “Defendant” to “C,” and the joint guarantor from “C,” to “Defendant,” and issued it to the Plaintiff.

F. On June 20, 2013, the Defendant paid 60,500,000 won borrowed from the Plaintiff on the date of sale of the said auction case, and participated in the bid as a purchase deposit, but failed to win the bid.

Accordingly, the defendant shall be 60,500,000 won from the auction court on the same day.