1. The plaintiff's claim is dismissed.

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

1. Basic facts

A. The Plaintiff and the Plaintiff’s joint and several sureties 1) The instant loan and the Plaintiff’s joint and several sureties 122-5 and two parcels (hereinafter “instant real estate”) in Ulsan-dong, Chungcheongnam-gu, Ulsan-do.

3) On the ground, the apartment house (hereinafter “instant apartment”) is located on the ground.

(2) On September 14, 2005, Non-party 1 corporation for the construction of Abagogian (hereinafter “Abagog Construction”) (hereinafter “Abagog Construction”) promoted the business of newly constructing and selling it.

B) The construction of the instant apartment (hereinafter referred to as the “instant construction”) between the Plaintiff and the Plaintiff.

(2) On April 207, 2007, the Plaintiff entered into a contract on the instant construction project. However, on April 2007, when the instant construction project was interrupted due to the aggravation of the financial resources of Agri Construction, the Plaintiff, on April 20, 2007, shall be deemed as having entered into a contract on the instant construction project.

(2) On January 26, 2006, the Plaintiff borrowed KRW 4,600,000,000 from the Korea Mutual Savings Bank Co., Ltd. (hereinafter “the instant bank”) with the funds for the instant new apartment construction (hereinafter “instant loan”), and submitted a written agreement on the transfer and takeover of the instant right to implement a project, a written confirmation of the acquisition of the right to implement a project, a written statement of the waiver of the right to implement a project, a certificate of the right to grant a supplementary right, a written statement of the right to grant a supplementary right, a written statement of the change of the name of the owner, a written statement of the right to change the name of the owner, etc. (hereinafter “the instant security documents, etc.”).

3) The instant bank loans totaling KRW 14,748,90,000 to 92 buyers of the instant apartment from September 21, 2007 to February 24, 2009 (hereinafter “the instant intermediate payment loan”) as part payments (hereinafter “the instant intermediate payment loan”).

(2) On September 17, 2007, the Plaintiff and Sodd Construction jointly and severally guaranteed the above joint and several liability amounting to KRW 20,300,000 (an amount calculated by applying KRW 130% to KRW 15,604,902,00,00 for loans expected by 98 initial buyers) (hereinafter the Plaintiff’s joint and several liability obligation is referred to as “the intermediate payment obligation of this case”).

4) The Plaintiff extended the intermediate payment to the Plaintiff.