1. The plaintiff (appointed party)'s appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff (Appointed Party).

1. Basic facts

A. Since the establishment of a corporation A (hereinafter “A”) for the purpose of engaging in the development, manufacture, sale, and export and import business of ships, plant control tower systems, and market Formula 201, the designated parties D (hereinafter “D”) served as the representative director. The Defendant was established on January 2013 for the purpose of running the management consulting business, and E was working as the representative director until April 30, 201.

B. On December 6, 2012, F, a registered corporation of the Marshall Islands (hereinafter “F”), operated by D, entered into a shipbuilding contract on the construction of a dredging vessel of 6,000 square meters (hereinafter “instant vessel”) which D received from the Korea Port Office (hereinafter “instant shipbuilding contract”).

C. At the time of the conclusion of the shipbuilding contract of this case, D must give priority to issuing a payment guarantee (referring to a guarantee issued by a reliable financial institution or guarantee company, etc. that the ordering person (or importer) requires to obtain a guarantee for the performance of the contract in relation to the contract performance guarantee, export contract, overseas construction contract, etc.) to the SH Shipbuilding for the progress of the contract, and upon demand for the issuance cost, SH Shipbuilding remitted KRW 300 million to D twice.

Since then, SH Shipbuilding is required to issue a letter of advance refund guarantee (referring to a letter of guarantee agreed by a financial company on behalf of a financial company in cases where a shipbuilding company that manufactures vessels with advance payment received from RG, Red Garante, and ship owner is unable to make vessels within a fixed period) and asked D whether to issue the said letter of payment guarantee to D. However, in the situation where there is a need to contact with D, SH Shipbuilding S.A on February 18, 2013, from the IMO Group S.A on February 19, 2013, and from the Noran on February 19, 2013, the advance refund guarantee letter is respectively issued from the Nored L&C Ltd.