1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1..

1. Basic facts

A. The defendant is a party 1) B apartment house in Seongbuk-gu Seoul and 92 lots (hereinafter "the apartment of this case").

(2) The Plaintiff is a financial company that entered into a loan agreement with C for the payment of intermediate payment out of the sales price of the instant apartment.

B. On July 28, 2008, the Defendant entered into a contract with C to sell at KRW 856,500,000 an apartment house of this case with C on July 28, 2008 (hereinafter “instant sales contract”). (The instant sales contract”).

(2) According to the instant sales contract, C paid KRW 42,825,000 to the Defendant on July 29, 2008 and August 27, 2008, pursuant to the instant sales contract.

C. On August 24, 2009, the Plaintiff entered into a business agreement with the Plaintiff on August 24, 2009 to lend part payments among the sales price of the instant apartment to the buyers of the instant apartment (hereinafter “instant business agreement”).

(A) If the sales contract between the Defendant and the prospective occupants is cancelled and terminated, the sales price already received from the prospective occupants should be refunded, prior consultation with the Plaintiff, to reimburse the Defendant’s penalty following the cancellation and termination of the sales contract with the prospective occupants prior to the repayment of the loan to the Plaintiff.

(B) (Article 3(3)(b) where the Defendant incurred a loss to the Plaintiff due to gross negligence on the part of the Plaintiff, the Defendant shall compensate for the amount of loss incurred therefrom (Article 4) (Article 4). (2) On December 11, 2008, the Plaintiff loaned KRW 513,900,000, which constitutes an intermediate payment, to C in accordance with the instant business agreement (hereinafter “instant loan”), and C paid intermediate payment with the instant loan.

C's bankruptcy and cancellation of sales contract 1 C.