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

3...

A. The Defendant newly constructed and sold the instant commercial building on the land outside H of Suwon-si, Suwon-si and six parcels (hereinafter “I”).

B. On August 5, 2004, the Defendant entered into a business agreement with Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), Postal Construction Co., Ltd., and Daol Real Estate Trust (hereinafter “Seoul Mutual Savings Bank”), with respect to part payments loans to buyers, and the Defendant and the Postal Construction Co., Ltd., a Si Corporation, jointly and severally guaranteed the obligation of part payments loans to buyers.

C. On May 26, 2004, A entered into a sales contract with the Defendant for the purchase price of KRW 125,136,988 (hereinafter “instant sales contract”). D. The sales contract was concluded between the Defendant and the Defendant for the purchase price of KRW 125,136,98.

After that, for the payment of intermediate payment pursuant to the instant sales contract, A entered into a loan agreement with the Seoul Mutual Savings Bank (hereinafter “instant loan agreement”) with each of the following terms: (a) on August 13, 2004, the amount of KRW 18,040,000 (the first loan), and KRW 18,040,000 (the second loan) on September 1, 2004 at a rate of 23% per annum; and (b) on which a loan is to be made (hereinafter “instant loan agreement”).

E. Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 by Seoul Central District Court 2013Hahap139, and the Plaintiff was appointed as a trustee in bankruptcy on the same day.

F. Meanwhile, as of May 11, 2014, the principal and interest of the instant loans are KRW 51,243,424 (principal damages of KRW 36,080,000).

[Ground of recognition] Facts without dispute, Gap 1 through 6 evidence, Eul 1 and 3 evidence (including paper numbers), the purport of the whole pleadings

2. The assertion and judgment

A. According to the facts of the determination as to the cause of the claim, the Defendant, a joint and several surety of the instant loan, is 23% per annum from May 12, 2014 to the date of full payment, as to the principal amount of KRW 51,243,424 of the instant loan and the principal amount of KRW 36,080,000, which is the following day, to the Plaintiff, barring special circumstances.