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. D was requested by E, the representative director of the Plaintiff, to lend KRW 40 million to the Plaintiff, for the purpose of implementing the remodeling project for the F apartment commercial building in Chuncheon City (hereinafter “instant construction”). Since the electric utility charge is smuggling on the commercial building, D could not start the construction.

B. Around April 2, 2013, D explained such circumstances to the Defendant, who runs a construction business under the name of “G”, and borrowed a total of KRW 50 million including the electricity charge of KRW 40 million from the Defendant to the contract for the removal of the instant construction project, as the performance guarantee contract for the order of the removal construction project during the instant construction project, and then re-let the Plaintiff with the due date for repayment up to April 22, 2013. H, as the Plaintiff’s senior executive director, who was performing the overall business on behalf of the Plaintiff, drafted a loan certificate in the name of the Plaintiff and its own personal name.

C. However, when the Defendant was unable to receive a contract for the removal work during the instant construction due to the circumstances, such as the detention of D in other fraudulent cases, the Defendant’s husband: (a) sought H and the Plaintiff borrowed 40 million won from D with electric charges; (b) stated that the Defendant borrowed 40 million won from D to D as the performance guarantee amount for the contract for the removal work during the instant construction; and (c) thereafter, H borrowed 40 million won on behalf of the Plaintiff on the part of the Plaintiff (hereinafter “the loan certificate of this case”) that “I immediately refund the performance guarantee (the rent) to the Plaintiff when the Plaintiff did not implement the instant construction work.”

The defendant, on October 1, 2013, held against the plaintiff as the Seoul Northern District Court 2013Kadan6164 (hereinafter "Seoul Northern District Court") with the claim amount as KRW 40 million as the performance guarantee repayment bond and the claim amount as against the plaintiff, and held against the Korea Financial Savings Bank.