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1. The part against the defendant among the judgment of the court of first instance is revoked, and the plaintiff's claim corresponding to the revoked part is revoked.
Reasons
1. Basic facts
A. (1) On September 22, 2011, Nonparty E Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) issued a credit guarantee certificate of KRW 1,190,000,000 (which changed from the Credit Guarantee Fund to KRW 1,003,00,000) to the Han Bank (hereinafter “One Bank”) on the same day, and received 1,40,000,000 from Han Bank. (2) On April 18, 2014, after receiving the credit guarantee certificate of KRW 481,950,00 (which changed to KRW 430,920,000) from the Han Bank (hereinafter “New Bank”) and received loans from the New Bank (hereinafter “New Bank”) on the same day.
D. At the time of the above loan, the non-party company as joint representative director of the non-party company and the husband of the defendant C jointly and severally guaranteed each obligation to reimburse in accordance with the credit guarantee agreement with the Korea Credit Guarantee Fund.
Article 15(1) of the former Act provides that “The principal and interest of the loan shall be repaid by the non-party company on May 7, 2015, and the Korea Credit Guarantee Fund shall be subject to a disposition of suspension of transaction on June 23, 2015.” “The Korea Credit Guarantee Fund shall pay to the new bank the principal and interest of the loan 43,481,184 won, and the principal and interest of the loan 1,009,419,151 won on June 24, 2015, respectively. The amount remaining after collecting KRW 19,628,580 out of the subrogated principal and interest (=423,271,755 won)” (=43,481,184 won + 1,009,419,151 won -19,628,580 won).
B. (1) On the day immediately before the occurrence of the above guarantee accident, C set up the Dongjak-gu Seoul Metropolitan Government P, RF apartment 201 Dong 409 (hereinafter “409 apartment”) as a re-sale, and H, who leased the above F apartment 205 Dong 205 Dong 205 (hereinafter “205 apartment”) owned by G, leased the lease deposit amount of KRW 110,000,000, and KRW 1,200,000 for the rent month, H introduced the apartment house of KRW 409 to the Plaintiff, the land owner.
The Plaintiff purchased 409 apartment units at KRW 490,00,000 between C and C on May 5, 2015, under the brokerage of J operating the I Licensed Real Estate Agent Office.