1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. The plaintiff Nos. 1 and 1 added in the trial.

Basic Facts

On January 23, 2008, the Plaintiff withdrawn KRW 1.2 billion from a new bank as a cashier's check (hereinafter "the check of this case"), and visited C's office of representative director B Co., Ltd. (hereinafter "B") on the same day, and opened up the check of this case to C, and confirmed that C was in custody of the above amount for the purpose of deposit in writing on January 23, 2008. The Plaintiff was issued a document prepared and signed as "B representative director C on January 23, 2008."

(hereinafter “this case’s cash custody certificate”). The instant check was deposited into B in the name of F, the wife of C.

On January 24, 2008, the following day, the Plaintiff borrowed 1.150,000,000 won from B from January 24, 2008, the due date of repayment of payment of 1.150,000,000 won, 9% per annum, and 22% per annum, and two employees of the company operated by the Plaintiff jointly and severally guaranteed the Plaintiff’s obligations of the loan.

The Plaintiff and B agreed on January 24, 2009, January 25, 2010, January 24, 2011, and January 25, 2012 to extend the lending term.

B according to B’s statement of the balance of claims and obligations as of May 4, 2012, at the time, the Plaintiff’s loan obligations against B was KRW 1.150,00,000 for general loans and KRW 69,659,931 for general loans and KRW 1.89,659,931 for general loans, and deposit claims were KRW 8,246,557 for general deposits.

On April 30, 2013, when the instant lawsuit was pending, the Seoul Central District Court rendered a ruling of bankruptcy regarding B as Seoul Central District Court Decision 2013Hau54, and the Defendant appointed as the trustee in bankruptcy taken over the status of B’s lawsuit in the instant case.

【In the absence of dispute, the Plaintiff’s assertion of the judgment as to the primary claim of the entire pleadings against Gap’s 2, 3, 4, Eul’s 1, and 2 (including the number with various numbers), the testimony in writing by the witness C of the first instance court, the new bank of the first instance court, and the national bank, as a result of the response to the order to submit financial transaction information to the new bank of the first instance court, the Plaintiff indicated the representative director of the Eul on January 23, 2008 that the purpose of the deposit is 1.2 billion won.