1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

Judgment of the first instance.

1. Basic facts

A. On October 15, 2008, the Plaintiff: (a) on October 15, 2008, leased gold KRW 50 million (hereinafter “the instant loan”) to the co-defendant B of the first instance trial (hereinafter “B”); and (b) on November 30, 2008, the Plaintiff paid due date.

B. Around January 21, 2009, the Plaintiff did not repay the instant loan by the due date, and on February 28, 2009, the Plaintiff repaid the loan at the rate of 5% per month interest, and on February 28, 2009, the payment date. The Defendant, the spouse of B, prepared a payment note for the joint and several sureties (hereinafter “instant payment note”).

C. On May 24, 2009, B prepared and delivered to the Plaintiff a letter of confirmation that the Plaintiff would settle the loan amount of KRW 50 million and its interest by May 31, 2009. On September 2, 2009, B drafted and delivered to the Plaintiff a letter of payment that the Plaintiff would complete the settlement of the principal and expenses not paid until September 20, 2009 for the same obligation.

On the other hand, on July 23, 2009, the Defendant entered into a mortgage agreement with the Plaintiff and the Defendant on four parcels of land, including the maximum debt amount of KRW 50,00,000,000, the mortgagee, the Plaintiff, and the debtor B with respect to the real estate located outside 6,843§³ and four parcels of land owned by the Defendant. On July 24, 2009, each of the establishment registration of a mortgage was completed on the grounds thereof.

E. B paid to the Plaintiff KRW 5 million on November 17, 2008, KRW 3 million on May 29, 2009, KRW 5 million on June 2, 2009, KRW 5 million on June 30, 2009, KRW 5 million on June 30, 2009, and KRW 20.5 million on August 31, 2009.

F. On August 5, 2009, the Plaintiff sent to the Defendant a certificate of content that urged the Defendant to perform the joint and several liability obligations under the instant payment note, but returned.

G. On January 21, 2009, the Defendant: (a) forged the instant payment note with the Defendant as a joint and several surety; and (b) filed a claim against the Defendant for the return of the instant loan on March 12, 2014; and (c) submitted the said payment note, thereby forging private documents and making the said payment note.