1. Revocation of the first instance judgment.

2. The Defendants jointly share KRW 45,050,000 on October 17, 2011 to the Plaintiff.

1. Basic facts

A. The Plaintiff is a corporation established pursuant to the Credit Guarantee Fund Act for the purpose of facilitating corporate financing by guaranteeing corporate debts with weak collateral capacity.

Defendant A is a person who engages in the wholesale business of building materials under the trade name of “D,” and Defendant B (hereinafter “Defendant B”) is a company established for the purpose of manufacturing building materials, etc., and Defendant C is an internal director who is the representative of Defendant B.

(b) A loan for corporate purchase financing under the regulations on handling corporate purchase financing related to the Bank of Korea’s total limit loan pursuant to Article 7-2 of the Restriction of Special Taxation Act and Article 53(4)2 of the Enforcement Decree of the Corporate Tax Act;

A financial institution is a loan dealt with by an enterprise when a financial institution purchases goods and services through ordinary business activities consistent with its business objectives, and a financial institution submits a tax invoice, etc. within the agreed upon between the financial institution and the purchasing enterprise, which can prove that the purchasing enterprise makes a transaction with the selling enterprise, the financial institution pays an amount equivalent to the transaction amount to the purchasing enterprise as a loan to the selling enterprise.

C. (1) On August 13, 2009, the Plaintiff is a new bank (hereinafter “new bank”) that Defendant A and Defendant A used on the part of the Plaintiff.

A) As to the obligation arising from the financing of corporate purchase funds from a guarantee agreement, the credit guarantee agreement provides that “the amount of financing KRW 100,000,000,000 for the guaranteed amount, 95,000 won for the guaranteed amount, not later than August 12, 2010, shall be liable for the guarantee only in the case of a financing for corporate purchase under Article 2 of the Regulations on the Handling of Enterprise Purchase Funds related to the Total Amount of the Bank of Korea Limit, and the amount treated after the date of the modification shall be liable for the guarantee according to the modified contents” (hereinafter referred to as “credit guarantee agreement”).