1. The plaintiff's main claim that is changed in exchange at the trial is dismissed.

2. The defendant's appeal is dismissed.

3.

1. Basic facts

A. The Defendant and the co-defendant C of the first instance trial (hereinafter “C”) are married with each other, and the co-defendant D of the first instance trial (hereinafter “D”) are employees of E Co., Ltd. (hereinafter “E”).

(hereinafter referred to as "the defendant's side") when the defendant, C, and D are employed together.

On July 27, 2007, the Plaintiff sold at KRW 456 million, a land and its ground buildings (hereinafter “instant real estate”). From the purchase price, KRW 2 million was paid as of August 16, 2007 when the contract was concluded, the remainder of KRW 40 million was paid as of August 16, 2007, and the remainder of KRW 414 million was paid by the Defendant to the National Agricultural Cooperative Federation (hereinafter “CF”) established by collateral security (hereinafter “CF”) established with respect to the instant real estate in lieu of a deposit repayment obligation of KRW 14 million (hereinafter “instant collateral security obligation”). The sales contract was concluded with the Defendant to accept KRW 40 million in lieu of a deposit repayment obligation of KRW 14 million (hereinafter “CF”), and each of the instant performance agreements was concluded with the Defendant to accept the down payment of KRW 20 million in lieu of the deposit repayment obligation of KRW 14 million (hereinafter “D”).

C. The Defendant did not succeed to the instant collateral obligation even after the remainder date of the instant sales contract ( August 16, 2007), and did not pay the Plaintiff the remainder KRW 40 million.

On September 6, 2007, upon Defendant’s request, the Plaintiff completed the registration of establishment of a collateral security holder Dongyang Telecom Co., Ltd., the obligor E, and the maximum debt amount of KRW 1.7 billion with respect to the instant real estate. Around that time, C remitted the remainder of KRW 40 million under the instant sales contract to the Plaintiff’s account.

E. Ultimately, the Defendant did not accept the instant collateral security obligation, and accordingly, the Plaintiff did not pay part of the principal and interest of the instant collateral security obligation to the Nonghyup and did not pay the remainder of the principal and interest.