1. The decision subject to review shall be revoked.

2. The plaintiff (defendant)'s claim is dismissed.

3. Before and after the re-examination.

1. Basic facts

A. On February 12, 2014, the Defendant entered into a contract for construction works with C (hereinafter “C”) with respect to the construction works of neighborhood living facilities and officetels in the East Sea E (hereinafter “instant construction works”).

B. On February 24, 2014, the Plaintiff entered into a contract for long-term supply of steel products (hereinafter “instant supply contract”) with C (hereinafter “C”) with “minimum purchase volume of 90 tons, unit price of 720,000 won per ton, and payment in cash within seven days after the receipt of steel bars.” From March 31, 2014 to May 9, 2014, the Plaintiff supplied steel products worth KRW 47,916,000 to C at the instant construction site from March 31, 2014.

C. The Defendant, the executor of the instant construction site, dispatched E to the site agent at the construction site of the instant construction site, and the said E affixed the Defendant’s seal to the instant supply contract.

(hereinafter “instant joint and several guarantee contract”). D.

The Plaintiff filed a lawsuit against the Defendant for the debt KRW 47,916,00 and damages for delay under the instant joint and several surety contract (this Court Decision 2014Da5353), and this Court rendered a judgment accepting the Plaintiff’s claim on February 4, 2015 (hereinafter “the judgment on review”), and the said judgment became final and conclusive as it is.

E. Meanwhile, the F, which practically operated C, stated to the effect that “F already obtained the Defendant’s consent from the Defendant’s representative G even though it did not obtain the Defendant’s consent, is exempted from the guarantee on which the Defendant’s representative G already affixed the corporate seal imprint of the above contract, and E forged the instant joint and several guarantee contract under the Defendant’s name by having the Defendant affix his corporate name plate on the instant joint and several guarantee contract, and by having the Plaintiff affix his seal imprint, and issued it to the Plaintiff.”

This Court rendered a judgment of innocence on September 2, 2015 (this Court Decision 2015No450), but the Prosecutor appealed and the appellate court reversed the judgment of the first instance on January 14, 2016, and imposed a fine of five million won on the Defendant for the crime of forging private documents and uttering of private documents.