1. The part against the defendant in the judgment of the first instance shall be revoked;

2. The plaintiff's claim is dismissed.

3. The plaintiff and the defendant.

1. Basic facts

A. On December 14, 2006, A Mutual Savings Bank Co., Ltd. (hereinafter “B”) entered into a credit transaction agreement (hereinafter “the first credit transaction agreement”) with Co-Defendant B Co-Defendant B Co-Defendant B Co-Defendant (hereinafter “B”) at the first instance trial on December 14, 2006, setting the interest rate of 10.5% per annum, 21% per annum, and the expiration date of the credit as of December 14, 2007, respectively, and loaned KRW 90 million.

On the same day, the Defendant jointly and severally and severally guaranteed the guarantee amount of loan obligations under the above credit transaction agreement with the non-party bank B as KRW 1.2 billion (hereinafter “joint and several guarantee amount”).

B. On December 14, 2007, the non-party bank agreed to extend the date of expiration of the credit extension period of the credit transaction agreement of this case from December 14, 2007 to December 14, 2008, and to change the rate of damages for delay to 22% per annum, and the non-party bank agreed to the joint and several surety delivery including the defendant.

C. On December 31, 2008, the non-party bank entered into a credit transaction agreement with B as of December 31, 2009, with interest rate of 10% per annum, 22.5% per annum, and the expiration date of the credit transaction agreement as of December 31, 2009 (hereinafter “the credit transaction agreement of this case”). The non-party bank loaned KRW 90 million to repay the loans under the credit transaction agreement of this case. D.

B The principal and interest of a loan based on a credit transaction agreement to the non-party bank in this case is KRW 1,289,867,493 as of March 30, 201 (the principal amount of KRW 900,000,000) and KRW 389,867,493 as of March 30, 201.

E. Meanwhile, on April 16, 2010, Nonparty Bank was declared bankrupt by Jeju District Court 2010Hahap1, and the Plaintiff was appointed as the bankruptcy trustee.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's evidence Nos. 2 through 5, 10 through 12, 15, 16 (including each number), the purport of the whole pleadings

2. The so-called substitution where an existing debt is repaid by providing a new loan only formally without giving or receiving funds, which is determined on the cause of the claim, is special.