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1. Revocation of the first instance judgment between the Plaintiff and the Defendant.
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. The Defendant carried out the business of newly building and selling I commercial buildings (hereinafter “instant commercial buildings”) on the land surface of the Suwon-si, Suwon-si, Suwon-si, H (Seoul-si, Suwon-si, Suwon-si, and six parcels (hereinafter “the 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 April 30, 204, Co-Defendant A of the first instance trial (hereinafter “A”) entered into a sales contract with the Defendant for the purchase price of KRW 104,669,989, and KRW 111 (No. 2011) and 2nd floor No. 13 (No. 2013) with each of the purchase price of KRW 110,013,671 (hereinafter “the first sale contract of this case”) and entered into a sales contract with the Seoul Mutual Savings Bank for the payment of the intermediate payment under the first sale contract of this case with each of the above loans of KRW 47,040,00,00 and KRW 47,040,00,000 as of September 1, 204 and each of the above loans of KRW 233% (hereinafter “the above loans”).
B. On July 26, 2004, west J entered into a sales contract with the Defendant for the purchase price of KRW 131,015,038 (No. 2012) of the second floor of this case (hereinafter “the second unit sale contract of this case”). For the payment of intermediate payment under the second unit sale contract of this case, she shall set the amount of KRW 18,890,000 on August 13, 2004 between the Seoul Mutual Savings Bank and the Seoul Mutual Savings Bank as 23% per annum for delay payment, and each of the above loans shall be added up with each of the above loans (hereinafter “the second unit sale contract of this case”).