1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. Basic facts

A. On February 2010, Hanwon Leisure Co., Ltd. (hereinafter referred to as “ Hanwon Leisure”) implemented a golf course creation project in the Hancheon-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong, Samsung C&T Co., Ltd. (hereinafter referred to as Samsung C&T Co., Ltd. on July 4, 2014, changed its trade name to Samsung T&T Co., Ltd., Ltd. on September 2, 2015, and changed its trade name to the Plaintiff.) were participating in the said project as a contractor.

B. On February 9, 2010, the Hanwon Leisure agreed to obtain a loan of KRW 88 billion from nine financial companies, such as ABF Capital Co., Ltd. on February 9, 2010 for the said golf course development project.

(1) The loan agreement provides that “The first loan and business agreement is made between A and B. This loan agreement is made between A and B. The loan agreement is 10% per annum and the second loan agreement is 21 billion won per annum. The Plaintiff guaranteed the payment of interest on the total amount of loans of 88 billion won per annum. At the time of the agreement, there is no provision on the Plaintiff’s right to repayment of loans and the right to subrogation. The lender is granted the first and second priority interest on the project site as collateral, while the lender was granted the right to manage the golf course’s capital and business through the financing management institution. The loan agreement is divided into two separate loans from the first loan and the first loan agreement on February 2, 2012, and the second loan agreement on June 19, 2012 (hereinafter “the first loan agreement”). The first loan agreement and the second loan agreement on December 2000 (hereinafter “the second loan agreement”). The first loan agreement were divided into the loan agreement and the second loan agreement on June 29, 2012.