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 Plaintiff entered into a credit guarantee agreement on February 22, 200 and April 3, 2001 with the Co-Defendant A Co-Defendant A Co-Defendant A (hereinafter “A”), and the Co-Defendant B (hereinafter “B”) of the first instance court, the representative director of A, jointly and severally guaranteed the liability for indemnity to the Plaintiff pursuant to the respective credit guarantee agreement, and A was granted a loan from the Light Bank and the Korea Exchange Bank (hereinafter “Korea Exchange Bank”) under the respective credit guarantee agreement.

B. On July 3, 2001, when a guarantee accident occurred with A's current account, the Plaintiff paid the above loans on behalf of the Plaintiff, and then filed a claim suit against A, B, etc., including indemnity amount, at the Seoul District Court 2002Gahap40475, and received a favorable judgment on March 12, 2003 that the Plaintiff jointly and severally paid KRW 154,239,992 to the Plaintiff and the delay damages therefor. The judgment became final and conclusive on April 8, 2003.

C. Meanwhile, on January 22, 200, B entered into a mortgage agreement (hereinafter “mortgage agreement of this case”) with the Defendant, who is a woman living together, on the share of 134/156 out of 156 square meters in Nam-gu, Busan (hereinafter “the real estate of this case”), his own possession, and the Defendant completed the registration of establishment of a neighboring mortgage (hereinafter “registration of establishment of a neighboring mortgage”) with the Busan District Court as the receipt of No. 1675 on April 24, 2000, Busan District Court Decision No. 150,000,000, the maximum debt amount of which was 150,000,000, B, and the debtor and the mortgagee as the Defendant.

B The real estate of this case is the only real estate as of the date of the closing of argument in the trial, while the real estate of this case is a small property, in addition to the indemnity liability of the Plaintiff in the amount of KRW 317,927,380 (the principal and interest up to the date of closing of argument in the trial of the court of first instance), there are each provisional attachment liability of the secured mortgage of this case, the Federation of Small and Medium Enterprise Cooperatives, the Credit Guarantee Fund, and the social companies of the same Yangyang Korea