1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

1. In full view of Gap evidence No. 1-1, 3, 4, Gap evidence No. 2, and evidence No. 3 as to the cause of the claim, in full view of the purport of the entire pleadings as to Gap evidence No. 1-1, 3, 4, and Gap evidence No. 3, (1) An Komato2 Savings Bank (hereinafter "Saving Bank") loans 25,00,000 won to B on December 17, 2009 with interest and overdue interest rate of 30% per annum (hereinafter "the loan of this case"). The defendant extended B's debt arising from the loan of this case to 39,00,000,00 won to the extent of joint and several sureties's debt 39,00,000 won, 2. The Financial Services Commission decided to transfer contracts to savings Bank on October 19, 2012 to YA and the plaintiff as the underwriting financial institution on December 16, 2018.

According to the above facts, the Defendant is obligated to pay to the Plaintiff damages for delay for KRW 31,928,680 and the balance of the loan 17,791,566 within the limit of 39,00,000,000, the guarantee limit, unless there are special circumstances.

2. Judgment on the defendant's assertion

A. (1) The Defendant’s assertion (1) that the employee of the savings bank provided a several months guarantee to the Defendant, and that B was excluded from the guarantor after filing a global income tax return on May 2010, the Defendant’s conditional guaranteed liability ceased to exist after May 2010, the global income tax return date, and even if not, the Defendant incurred loss due to the Defendant’s occupational act of the savings bank employees, and thus, the Plaintiff who succeeded to the savings bank is liable to the Defendant.

(2) The savings bank is merely taking the Defendant’s signature and seal on the letter of guarantee and the procedure stipulated in Article 8(1) of the Special Act for the Protection of Surety.