1. Revocation of the first instance judgment.

2. The plaintiff's main claim is dismissed.

3. The plaintiff added to the appellate court.

1. Basic facts

A. On April 24, 2007, B Co., Ltd. (hereinafter “B”) issued stock certificates (hereinafter “instant stock certificates”) as a shareholder who holds 25,000 shares issued by C Co., Ltd. (hereinafter “C”) and who was issued stock certificates listed in the attached list of the shares (hereinafter “instant stock certificates”).

On May 18, 2007, the shares were mainly changed by 500,000 from par value division to D Co., Ltd. (hereinafter “D”), and later the shares were replaced by 1,768,370 shares in the process of the merger to D Co., Ltd. (hereinafter “D”).

(F) The shareholder registry of D entered B as the shareholder holding B 1,768,370 shares of D as of August 19, 2013.

B. The Plaintiff entered into a contract for the establishment of security for transfer (hereinafter “F”) lent KRW 2.29 billion to F Co., Ltd. (hereinafter “F”).

On June 1, 2007, B made a joint and several guarantee (hereinafter “instant joint and several guarantee”) on June 1, 2007, and on September 3, 2007, the Plaintiff and B entered into a share transfer agreement stating that “If the instant shares are offered as security for a joint and several obligation, and F fails to repay KRW 2.29 billion by September 12, 2007, the Plaintiff may dispose of the instant shares without the consent of B” (hereinafter “instant security transfer agreement”).

B around September 2007, around September 20, 2007, notified C of the fact that the instant shares were transferred to the Plaintiff.

On March 28, 2008, the Plaintiff and B entered into an agreement to confirm that the balance of the joint and several liability debt of B is KRW 1.2 billion and to extend the due date until September 30, 2008.

C. Around October 19, 2008, the entire circulation B of share certificates issued the instant share certificates on the ground of the implementation of the sale on October 14, 2008 to H (the trade name was changed to “stock company I” on December 21, 2009, and the “stock company G” on July 26, 201; hereinafter “G”).

G From March 23, 2012, KRW 3 billion from a third party Co., Ltd. (hereinafter referred to as “third party”).