1. The part against the defendant in the judgment of the first instance is revoked.

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

3...

1. Basic facts

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 concluded a business agreement with Seoul Mutual Savings Bank (hereinafter “Seoul Mutual Savings Bank”), K Co., Ltd., and Daol Real Estate Trust with respect to part payments loans to buyers, and the Defendant and K Co., Ltd., a contractor, jointly and severally guaranteed the obligation of part payments loans to buyers.

C. On July 23, 2004, J concluded a sales contract with the Defendant to sell 3004 units of the 3th floor of the instant commercial building at KRW 796,732,957 (hereinafter “instant sales contract”). D.

After that, the J concluded each loan contract with Seoul Mutual Savings Bank for the payment of intermediate payment under the instant sales contract (hereinafter “instant loan contract”) with a total of KRW 115,440,000 per annum 230,880,000 on August 13, 2004 and September 1, 2004. The Seoul Mutual Savings Bank directly remitted each of the loans to the payment account of the instant sales contract with the first and second intermediate payment with the J under the delegation of the J pursuant to the instant loan contract.

E. On May 10, 2005, A succeeded to the status of buyer in the instant sales contract from J with the Defendant’s consent, and accordingly, A was exempted from the obligation of the instant loan on June 17, 2005.

F. 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.

G. Meanwhile, as of May 11, 2014, the principal and interest of the instant loans are KRW 327,912,802, and the principal and interest of the instant loans are KRW 230,880,000.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4, Eul evidence 1, 3, Eul evidence 2 and 3 (including virtual numbers, hereinafter the same), respectively.