2. The plaintiff's claim against the defendant is dismissed.

3...

A. The Defendant carried out the business of newly constructing and selling I commercial buildings on the land outside H of Suwon-si and six parcels (hereinafter “I commercial buildings”) (hereinafter “instant commercial buildings”).

B. On August 5, 2004, the Defendant concluded a business agreement (hereinafter “instant loan business agreement”) with Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), Postal Service Construction Co., Ltd. (hereinafter “Co., Ltd.”), and Daol Real Estate Trust (hereinafter “Daol Real Estate Trust”), with respect to part payments loans to buyers, the Defendant and the Postal Construction Co., Ltd. agreed to jointly and severally guarantee the principal and interest of part payments loans of buyers.

C. (1) On August 18, 2005, the Defendant entered into a sales contract with J to sell each of the instant shopping mall Nos. 72-74 (hereinafter “instant store”) to J at KRW 187,938,982 per store (hereinafter “instant sales contract”).

On the other hand, the Defendant advertised the sales advertisement of the instant commercial building as “interest-free loan,” and when concluding the instant sales contract, the Defendant had to pay the interest on the first and second intermediate payments (each of KRW 27,100,000).

B. On August 30, 2005, Seoul Mutual Savings Bank made a loan (hereinafter “instant loan”) to J on 162,60,000 won (=27,100,000 won x 3 x 2) in total as the loan for the first and second intermediate payment of the instant store by setting the lending period of 12 months from the date of loan, 23% per annum, etc., and the overdue interest rate of 162,60,000 won (hereinafter “instant loan”). The Defendant and the first instance trial co-defendant B, D, E, F, and G jointly and severally guaranteed the instant loan obligations.

Referencely, the co-defendant A of the first instance trial (hereinafter referred to as the “A”) was a person who resigneds from the Defendant’s director on June 9, 2003. A around March 2006, he taken over the status of buyer as to the store of this case and took over the obligation of this case on April 5, 2006.