1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Basic Facts

The Plaintiff and the Defendant, a company established for the purpose of each construction business, and the Defendant entered into a guarantee agreement (hereinafter “the instant guarantee agreement”) on November 7, 1997 with Korea Housing Guarantee Co., Ltd. (hereinafter “the second contract”) on two occasions and on two occasions on November 16, 1998 (hereinafter “the second contract”) on the apartment constructed by the Defendant from Korea Housing Guarantee Co., Ltd. (the previous trade name: Korea Housing Business Mutual Aid Association; hereinafter “Korea Housing Guarantee Co., Ltd.”) under the Housing Construction Promotion Act, the Rental Housing Act, and the Korea Housing Guarantee Act, and the Articles of incorporation and regulations of the Korea Housing Guarantee Co., Ltd. (hereinafter “Korea Housing Guarantee Co., Ltd.”) to provide a joint and several guarantee obligation for the Defendant’s housing guarantee arising when the Korea Housing Guarantee Co., Ltd. discharges the above guarantee obligation to the Defendant.

At the time of construction guarantee to the construction company, the debtor's joint and several surety liability to be borne by the principal debtor by subrogation of the house guarantee in accordance with the internal indemnity of the house guarantee of the Korea Housing Corporation was required to another construction company (this refers to the so-called "mutual guarantee system"), and the plaintiff also signed and sealed the guarantee debt agreement of this case as joint and several surety upon the request of the Korea Housing Guarantee Corporation.

The main contents of the instant guarantee agreement are as follows.

The types of guarantees that can be received from the house guarantee for the kinds of guarantees under Article 1 are the house sale guarantee (house sale guarantee, house lease guarantee, house lease guarantee, house commencement guarantee), damage liability guarantee (liability defect liability guarantee, long-term defect liability guarantee), defect liability guarantee (lease guarantee: house construction material purchase guarantee, house construction site purchase guarantee, site purchase guarantee), and other guarantees (authorization guarantee, construction guarantee, house construction guarantee, temporary house subscription guarantee, temporary house subscription guarantee, supervision expense deposit guarantee, advance payment guarantee).